Lemieux v. Stegeman

Filing 5

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS. IT IS ORDERED that plaintiff's claim against Russell S. Stegeman is DISMISSED WITH PREJUDICE as frivolous. FURTHER ORDERED that plaintiff's state law claims are DISMISSED WITHOUT PREJUDICE. Signed by Judge Mary Ann Vial Lemmon. (NEF: Magistrate Judge Roby)(ecm, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA WALTER LEMIEUX VERSUS RUSSELL S. STEGEMAN ORDER The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that plaintiff's § 1983 claim against Russell S. Stegeman is DISMISSED WITH PREJUDICE as frivolous pursuant 28 U.S.C. § 1915(e)(2)(B)(i). IT IS FURTHER ORDERED that plaintiff's state law claims are DISMISSED WITHOUT PREJUDICE. New Orleans, Louisiana, this 23rd day of January, 2009. CIVIL ACTION NO. 08-965 SECTION: "S"(4)

___________________________________ UNITED STATES DISTRICT JUDGE