Tasby v. Lynaugh

Fifth Circuit

Tasby v. Lynaugh

123 F. App'x 614

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 18, 2005

Docket04-40043

StatusUnpublished

Cited by6 cases

This text of 123 F. App'x 614 (Tasby v. Lynaugh) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tasby v. Lynaugh, 123 F. App'x 614 (5th Cir. 2005).

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Opinion

PER CURIAM: *

Leon Tasby, Texas prisoner # 362523, appeals the summary-judgment dismissal of his 42 U.S.C. § 1983 complaint in which he alleged that a strip search in the presence of female prison employees violated his right to privacy. As an initial matter, Tasby’s motion for leave to file an out-of-time reply brief is GRANTED.

Tasby’s claims that the magistrate judge was without authority to enter the judgment of dismissal and that the judgment of dismissal was void because defense counsel was not formally admitted to practice before the district court are without merit. See 28 U.S.C. § 636(c); Carter v. Sea Land Servs., Inc., 816 F.2d 1018, 1021 (5th Cir.1987).

Tasby has also failed to show that the district court erred in granting summary judgment. Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.l994)(en banc). This court has held that strip searches carried out in nonsecluded areas of the prison and in the presence of prison employees of the opposite sex are not unconstitutional. Letcher v. Turner, 968 F.2d 508, 510 (5th Cir.1992); Elliott v. Lynn, 38 F.3d 188, 190-92 (5th Cir.1994); Oliver v. Scott, 276 F.3d 736, 747 (5th Cir.2002). The judgment of the district court is AFFIRMED.

MOTION FOR LEAVE GRANTED; AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Leon Tasby, Texas prisoner # 362523, appeals the summary-judgment dismissal of his 42 U.S.C. § 1983 complaint in which he alleged that a strip search in the presence of female prison employees violated his right to privacy. As an initial matter, Tasby’s motion for leave to file an out-of-time reply brief is GRANTED.

Tasby’s claims that the magistrate judge was without authority to enter the judgment of dismissal and that the judgment of dismissal was void because defense counsel was not formally admitted to practice before the district court are without merit. See 28 U.S.C. § 636(c); Carter v. Sea Land Servs., Inc., 816 F.2d 1018, 1021 (5th Cir.1987).

Tasby has also failed to show that the district court erred in granting summary judgment. Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.l994)(en banc). This court has held that strip searches carried out in nonsecluded areas of the prison and in the presence of prison employees of the opposite sex are not unconstitutional. Letcher v. Turner, 968 F.2d 508, 510 (5th Cir.1992); Elliott v. Lynn, 38 F.3d 188, 190-92 (5th Cir.1994); Oliver v. Scott, 276 F.3d 736, 747 (5th Cir.2002). The judgment of the district court is AFFIRMED.

MOTION FOR LEAVE GRANTED; AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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123 F. App'x 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tasby-v-lynaugh-ca5-2005.

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