Tasby v. Lynaugh, et al

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
February 18, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-40043
Summary Calendar
LEON TASBY,
Plaintiff-Appellant,
versus
JAMES A. LYNAUGH, JAMES S. O’HARE; W. MCCALL; SERGEANT BOOTHE;
SERGEANT SHARP; SERGEANT STEWARD; OFFICER HEARN;
OFFICER ANDREW; OFFICER WILSON; LIEUTENANT MAY,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:88-CV-169
--------------------
Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.
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.

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No. 04-40043
-2-
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. 1994)(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.

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