McGee v. Krebs et al, No. 1:2015cv00065 - Document 42 (S.D. Miss. 2015)
Court Description: FINAL JUDGMENT: Ordered that Plaintiffs habeas claims are dismissed without prejudice. Plaintiffs Sec. 1983 claims are dismissed with prejudice as frivolous pursuant to 28 U.S.C. Sec. 1915(e)(2)(B)(i), for failure to state a claim pursuant to 28 U.S. C. Sec. 1915(e)(2)(B)(ii), and based on immunity pursuant to 28 U.S.C. Sec. 1915(e)(2)(B)(iii). The dismissals pursuant to 28U.S.C. Sec. 1915(e)(2)(B)(i) and (ii) count as a strike under the Prison Litigation Reform Act. See 28 U.S.C. Sec. 1915(g). Signed by Chief District Judge Louis Guirola, Jr. on 11/18/15. (RLW)
Download PDF
<![CDATA[
McGee v. Krebs et al Doc. 42 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION CHARLES LAFAYETTE MCGEE, #L7157 PLAINTIFF v. CAUSE NO.1:15-cv-65-LG-RHW ROBERT P. KREBS, ET AL. DEFENDANTS FINAL JUDGMENT This cause is before the Court, sua sponte, for consideration of dismissal. Pursuant to the Memorandum Opinion and Order issued this date and incorporated herein by reference, IT IS ORDERED AND ADJUDGED that Plaintiff’s habeas claims are DISMISSED WITHOUT PREJUDICE. Plaintiff’s § 1983 claims are dismissed WITH PREJUDICE as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), and based on immunity pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii). The dismissals pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii) count as a strike under the Prison Litigation Reform Act. See 28 U.S.C. § 1915(g). SO ORDERED AND ADJUDGED this the 18th day of November, 2015. s/ Louis Guirola, Jr. LOUIS GUIROLA, JR. CHIEF U.S. DISTRICT JUDGE Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
