Smith v. Elyan Hunt Correctional Center et al, No. 3:2016cv00457 - Document 9 (M.D. La. 2017)

Court Description: OPINION Adopting 8 Report and Recommendation of the U.S. Magistrate Judge. The Court declines the exercise of supplemental jurisdiction over any potential state law claims, and that this action is dismissed, with prejudice, as legally frivolous and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e) and 1915A. Signed by Judge John W. deGravelles on 7/13/2017. (EDC)
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Smith v. Elyan Hunt Correctional Center et al Doc. 9 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA DONALD RAY SMITH (#429663) CIVIL ACTION VERSUS NO. 16-457-JWD-RLB ELAYN HUNT CORRECTIONAL CENTER, ET AL. OPINION After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report dated June 28, 2017, to which no objection was filed: IT IS ORDERED that the Court decline the exercise of supplemental jurisdiction over any potential state law claims, and that this action is dismissed, with prejudice, as legally frivolous and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e) and 1915A.1 Signed in Baton Rouge, Louisiana, on July 13, 2017. S JUDGE JOHN W. deGRAVELLES UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA 1 The plaintiff is advised that 28 U.S.C. § 1915(g) provides that, “In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section [Proceedings in forma pauperis ]if the prisoner has, on 3 or more prior 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.” Dockets.Justia.com