(PC) Shavers v. Taber, 2:21-cv-01734

Jesse Lee Shavers, Jr., a state prisoner, filed a civil rights action pursuant to 42 U.S.C. § 1983, proceeding pro se and in forma pauperis.
The case concerns claims against multiple defendants, including Taber and D. Kelsey.
The magistrate judge screened the fourth amended complaint and found that only the claims against Taber should proceed.
Claims against D. Kelsey were recommended for dismissal due to insufficient factual allegations of involvement with the confiscation of plaintiff's medical devices or racial animus.
The court noted this was the plaintiff’s fourth amended complaint and withheld further leave to amend.
No objections to the magistrate’s recommendations were filed by any party within the required period.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of allegations against D. Kelsey	Kelsey engaged in a conspiracy leading to confiscation of medical devices; actions motivated by racial animus	No specific or factual allegations connecting Kelsey to deprivation or racial animus	Dismissed claims against Kelsey without leave to amend
Leave to amend fourth amended complaint	Further leave to amend should be granted	Further amendment is unwarranted given repeated failure	Leave to amend denied
Proceeding against defendant Taber	Claims are adequately pled against Taber	N/A	Claims against Taber may proceed
Failure to object to magistrate’s findings and recommendations	N/A	N/A	Findings adopted in full

No officially reported cases were cited in this opinion.