Helzer v. Michigan Department of Corrections

Order This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and record, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a). Richard Lee Helzer appeals the dismissal of his civil rights complaint filed under 42 U.S.C. § 1983 as frivolous pursuant to 28 U.S.C. § 1915(d). Helzer alleged that prison officials denied him adequate medical treatment for a back injury. After receiving a special report from prison officials and a response from plaintiff, the magistrate recommended that the complaint be dismissed as frivolous, and plaintiff filed objections. The district court adopted the magistrate's recommendation and dismissed the complaint. Upon consideration, we conclude that the dismissal was proper.