Cockrum v. Carter et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS 24 ; ORDERED that Benjamin Louis Cockrum's claims brought under 42 U.S.C.1983 against Warden Robert Tanner, Bessie Carter and Dr. Casey McVea are DISMISSED WITH PREJUDICE as frivolous and for failur e to state a claim for which relief can be granted. FURTHER ORDERED that the 11 Motion to Dismiss filed by the defendants, Bessie Carter, Dr. Casey McVea and Warden Robert Tanner is DISMISSED as MOOT. FURTHER ORDERED that the 25 Motion to Enter Evidence into the Record filed by the plaintiff is DISMISSED as MOOT. Signed by Judge Lance M Africk on 4/25/2014.(blg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
BENJAMIN LOUIS COCKRUM

CIVIL ACTION

VERSUS

NO. 13-5329

BESSIE CARTER, ET. AL.

SECTION “I”(4)
ORDER

Before the Court is the Report and Recommendation1 of the U.S. Magistrate Judge. On April
16, 2014, within the time in which to file objections, plaintiff submitted a document titled "Motion
To Enter Evidence into the Record."2 The Court construes the motion as an objection to the Report
and Recommendation, and it is hereby OVERRULED.
The Court, having considered the record, the applicable law, the Report and
Recommendation of the U.S. Magistrate Judge, and the plaintiff's motion, 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 Benjamin Louis Cockrum’s claims brought under 42 U.S.C. § 1983
against Warden Robert Tanner, Bessie Carter and Dr. Casey McVea are DISMISSED WITH
PREJUDICE as frivolous and for failure to state a claim for which relief can be granted pursuant
to 28 U.S.C. § 1915(e), § 1915A, and 42 U.S.C. § 1997e.
1

Rec. Doc. No. 24.

2

Rec. Doc. No. 25. The Court notes that the document was not received by the Court and

filed
into the record until April 24, 2014.

IT IS FURTHER ORDERED that the Motion to Dismiss ( Rec. Doc. No. 11) filed by the
defendants, Bessie Carter, Dr. Casey McVea and Warden Robert Tanner is DISMISSED as
MOOT.
IT IS FURTHER ORDERED that the Motion to Enter Evidence into the Record (Rec.
Doc. No. 25) filed by the plaintiff is DISMISSED as MOOT.
Hello This is a Test

April
25th
New Orleans, Louisiana, this ______ day of _____________________, 2014.

____________________________________
UNITED STATES DISTRICT JUDGE

2