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NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.Tommy H. NELSON, Plaintiff-Appellant,v.M.C. BROWN, Defendant-Appellee.
United States Court of Appeals, Sixth Circuit.
Feb. 4, 1995.
Before: MERRITT, Chief Judge; BROWN and SILER, Circuit Judges.
Tommy H. Nelson, a pro se Ohio prisoner, appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. Sec. 1983. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).
Seeking monetary and declaratory relief, Nelson sued the director of the prison at which he is incarcerated, M.C. Brown, in his individual capacity, in the Ohio Court of Claims. Nelson alleged that he had been denied access to the courts as a result of the defendants’ failure to mail copies of his response to a court order to his attorney, or to provide him with legal materials and documents. The district court dismissed the complaint as frivolous and for failure to state a claim upon which relief could be granted.
In his timely appeal, Nelson asserts that his complaint stated a cognizable cause of action for deprivation of due process and equal protection.
Upon review, we conclude that the district court properly dismissed Nelson’s complaint for the reasons stated in the magistrate judge’s report and recommendation filed February 14, 1994, and adopted by the district court on February 25, 1994. The district court adopted the recommendation of the magistrate judge to dismiss the complaint as frivolous and for failure to state a claim upon which relief may be granted.
Accordingly, we affirm the district court’s judgment. Rule 9(b)(3
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