ROBERT KEVIN MCCARTNEY, ET AL. VERSUS GEORGE MCCORMICK, ET AL.
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 09-30 ROBERT KEVIN MCCARTNEY, ET AL. VERSUS GEORGE MCCORMICK, ET AL. ************ APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 225,011 HONORABLE F. RAE SWENT, DISTRICT JUDGE ************ PER CURIAM ************ Court composed of John D. Saunders, Michael G. Sullivan, and Elizabeth A. Pickett, Judges. AFFIRMED. Robert Kevin McCartney Pro Se DWCC H5B 670 Bell Hill Road Homer, Louisiana 71040 Plaintiff/Appellant William M. Ford Attorney at Law Post Office Box 12424 Alexandria, Louisiana 71315-2424 (318) 442-8899 Counsel for Defendant/Appellee: Estate of Dr. George McCormick and Susan McCormick, Executrix John Franklin Weeks, II Lloyd Fred Schroeder Ursy, Weeks & Matthews 1615 Poydras Street, Suite 1250 New Orleans, Louisiana 70112 (504) 592-4600 Counsel for Defendants/Appellees: Rapides Parish Sheriff Charles F. Wagner, Jr. (as successor to former Sheriff Earl Hilton) Clyde Terral Michael Villard Robert L. Bussey Assistant District Attorney Post Office Box 307 Alexandria, Louisiana 71309-0307 (318) 449-1937 Counsel for Defendants/Appellees: Rapides Parish District Attorney s Office Clifford Royce Strider, III James Buck Charles Wagner James Downs Aubrey McCartney Elaine McCartney Pro Se Post Office Box 411 Tioga, Louisiana 71477 Plaintiffs/Appellants PER CURIAM. Plaintiffs, Robert Kevin McCartney, Aubrey McCartney, and Elaine McCartney, all of whom appear in proper person, appeal the October 28, 2008 judgment of the trial court, which, for various reasons, including La.R.S. 15:1184(B),1 dismissed all of the plaintiffs claims against all of the defendants with prejudice. We have thoroughly examined the assignments of error alleged in the plaintiffs brief and none have any merit. Accordingly, the judgment of the trial court is affirmed in its entirety at plaintiffs cost. AFFIRMED. This opinion is NOT DESIGNATED FOR PUBLICATION. Uniform Rules Courts of Appeal, Rule 2 16.3. 1 Louisiana Revised Statutes 15:1184(B), which is part of the Prison Litigation Reform Act, provides, in pertinent part, that: The court, on its own motion or on the motion of a party, shall dismiss any prisoner suit if the court is satisfied that the action is frivolous, is malicious, fails to state a cause of action, seeks monetary relief from a defendant who is immune from such relief, or fails to state a claim upon which relief can be granted. If the court makes a determination to dismiss the suit based on the content, or lack thereof, of the petition, the court may dismiss the underlying claim without first requiring the exhaustion of administrative remedies. 1
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