Thomas v. Babin, No. 3:2019cv00488 - Document 6 (M.D. La. 2019)
Court Description: OPINION Adopting 5 Report and Recommendation of the U.S. Magistrate Judge. Plaintiff's action be DISMISSED, WITH PREJUDICE, for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e) and 1915A. Th e Court declines supplemental jurisdiction relative to Plaintiffs potential state law claims. Plaintiff's pending 3 Motion for Appointment Counsel be DENIED AS MOOT. Judgment shall be entered accordingly. Signed by Judge John W. deGravelles on 11/19/2019. (SWE)
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UNITED STATES DISTRICT COURT MroDLE DISTRICT OF LOUISIANA KIRBY THOMAS (#438620) CWJL ACTION VERSUS OPINION After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report (Doc. 5) dated October 21, 2019, to which no objection was filed; IT IS ORDERED that Plamdffs action is DISMISSED, WITH PREJUDICE, for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e) and 1915A.1 IT IS FURTHER ORDERED that the Court declines supplemental jurisdiction relative to Plaintiff's potential state law claims. IT IS FURTHER ORDERED that Plaintiffs pending Motion for Appointment Counsel, (Doc. 3) is DENIED AS MOOT. Judgment shall be entered accordingly. Signed in Baton Rouge, Louisiana, on November 19, 2019. JUl)<jE ^OHN 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 NO. 19-488-JWD-EWD RICKYL.BABIN
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