Swanson v. Higginbotham et al, No. 3:2016cv00727 - Document 7 (M.D. La. 2017)

Court Description: OPINION Adopting the 6 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 the plaintiff's action be 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 9/28/2017. (LLH)
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Swanson v. Higginbotham et al Doc. 7 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JA’UAN T. SWANSON (#9000117671) CIVIL ACTION VERSUS NO. 16-727-JWD-RLB JUDGE B. HIGGINBOTHAM, ET AL. OPINION After independently reviewing the entire record in this case and for the reasons set forth in Magistrate Judge's Report dated September 12, 2017, to which no objection was filed: IT IS ORDERED that the Court declines the exercise of supplemental jurisdiction over any potential state law claims, and that the plaintiff’s action be dismissed, with prejudice, as legally frivolous, and for failure to state a claim upon which relief may be granted 1 pursuant to 28 U.S.C. §§ 1915(e) and 1915A. Signed in Baton Rouge, Louisiana, on September 28, 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