Foreman v. Wilburn et al, No. 3:2023cv00256 - Document 9 (M.D. La. 2023)
Court Description: OPINION adopting 7 Report and Recommendations of the U.S. Magistrate Judge. The plaintiff's 3 Motion to Appoint Counsel and 4 Motion for Jury Trial are denied. This action is dismissed, with prejudice, for failure to state a claim upon with relief may be granted pursuant to 28 USC 1915(e) and 1915A. Signed by Judge John W. deGravelles on 6/13/2023. (JEG)
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Foreman v. Wilburn et al Doc. 9 Case 3:23-cv-00256-JWD-RLB Document 9 06/13/23 Page 1 of 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA RENATA FOREMAN (#33270-034) CIVIL ACTION VERSUS NO. 23-256-JWD-RLB JOSH WILBURN, 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 May 9, 2023 (Doc. 7), to which no objection was filed, IT IS ORDERED that the plaintiff’s pending Motion to Appoint Counsel (Doc. 3) and Motion for Jury Trial (Doc. 4) are denied. IT IS FURTHER ORDERED that this 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 Judgment shall be entered accordingly. Signed in Baton Rouge, Louisiana, on June 13, 2023. S JUDGE JOHN W. deGRAVELLES UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA 1 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.” 1 Dockets.Justia.com
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