-DLD Gavin v. Moore et al, No. 3:2011cv00704 - Document 6 (M.D. La. 2012)

Court Description: OPINION Adopting 4 Report and Recommendations, of the U.S. Magistrate Judge. IT IS ORDERED that the pltf's action is dismissed as legally frivolous and for failure to state a claim upon which relief may be granted within the meaning of 28 U.S.C. § 1915(e). Signed by Judge Frank J. Polozola on 2/23/2012. (CMM)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA MICHAEL J. GAVIN (#9000116394) CIVIL ACTION VERSUS NO. 11-704-FJP-DLD RICHARD MOORE, ET AL O P I N I O N After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report1 to which an objection2 was filed: IT IS ORDERED that the plaintiff's action is dismissed as legally frivolous and for failure to state a claim upon which relief may be granted within the meaning of 28 U.S.C. § 1915(e).3 Baton Rouge, Louisiana, February 23, 2012. S FRANK J. POLOZOLA MIDDLE DISTRICT OF LOUISIANA 1 Rec. Doc. No. 4. 2 Rec. Doc. No. 5. 3 The plaintiff is hereby placed on notice that 28 U.S.C. § 1915(g) provides that, "[i]n no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury." Doc#47724

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