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Boren v. Reinke

Court of Appeals of Idaho

December 10, 2013

GERRY BOREN, Petitioner-Appellant,
v.
BRENT REINKE, Respondent.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 785

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Michael E. Wetherell, District Judge.

Judgment dismissing complaint, affirmed.

Gerry Boren, Boise, pro se appellant.

Brent Reinke, Boise, respondent, did not participate on appeal.

LANSING, Judge

Gerry Boren appeals the judgment dismissing his pro se civil rights complaint. He argues that he is entitled to a trial and that the district court erred by dismissing his complaint. We affirm.

I.

BACKGROUND

The record in this case is incomplete. Accordingly, this Court's understanding of the facts is limited. Boren filed a motion and affidavit to proceed on a partial payment of fees under Idaho Code § 31-3220A and sought to file a complaint alleging that prison officials harassed him and caused him physical injuries on the basis of his ancestry, race, and religion. Boren apparently appended a copy of his prisoner disciplinary records to his complaint. Because the district court denied Boren's motion for a partial waiver of filing fees, the complaint was never filed by the court clerk, and it therefore is not part of the record in this appeal.[1] Other documents in the record indicate that the disciplinary records attached to the complaint showed that officers suspected Boren of violating a prison rule when they observed a "square shape" obscured under Boren's towel. Officers attempted to search Boren to ascertain the nature of the hidden item. Boren was not compliant with the search, and officers used a wrist lock to return Boren to his cell.[2]

Although Boren's complaint was never filed, the district court reviewed the submitted materials and dismissed Boren's claims on the merits pursuant to I.C. § 31-3220A(14). The district court dismissed two of Boren's claims because he sought relief under criminal statutes that do not create a private cause of action. The remaining claim was dismissed on the ground that Boren failed to state a claim upon which relief could be granted.

II.

ANALYSIS


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