Cummings v. McCormick et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 ; ORDERED that plaintiff's complaint is dismissed with prejudice under 28 U.S.C. 1915(e)(2)(B)(i) and (ii). FURTHER ORDERED that the 6 MOTION to Dismiss Case filed by Charles Alvin Cummings, Jr. is DENIED. Signed by Judge Lance M Africk on 6/21/2013.(blg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CHARLES ALVIN CUMMINGS, JR.

CIVIL ACTION

VERSUS

NUMBER: 13-4319

MARK McCORMICK, ET AL.

SECTION: "I"(5)
ORDER

The Court, having considered the complaint, the record, the
applicable

law,

and

the

U.S.

Magistrate

Judge's

Report

and

Recommendation, hereby approves the Magistrate Judge's Report and
Recommendation and adopts it as its opinion herein.
Accordingly,
IT IS ORDERED that plaintiff's complaint is dismissed with
prejudice under 28 U.S.C. §1915(e)(2)(B)(i) and (ii).
IT IS FURTHER ORDERED that the motion to voluntarily dismiss
is DENIED.1
New Orleans, Louisiana, this 21st day of June, 2013.

LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

1

See Hines v. Graham, 320 F. Supp. 2d 511 (N.D. Tex. 2004).