Spikes v. Williams et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 . ORDERED that Plaintiffs complaints in both consolidated matters are hereby DISMISSED WITH PREJUDICE as legally frivolous under 28 U.S.C. 1915(e)(2) because his claims are barred by the applicable statute of limitations. Signed by Judge Jane Triche Milazzo on 4/17/2015.(Reference: All Cases)(my)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JAMES JERROD SPIKES
NO. 14-1895 c/w 14-2839
JASON WILLIAMS ET AL.
SECTION “H” (2)
(applies to all)
The Court, having considered the complaint, the record, the applicable law, the
Report and Recommendation of the United States Magistrate Judge, and the Plaintiff's
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.
Additionally, this Court has independently reviewed Petitioner's Complaint in
the related matter, Spikes v. Williams et al., No. 14-1895, and holds that the
Magistrate Judge's analysis in the Report and Recommendations adopted herein
likewise applies to dismiss Plaintiff's allegations in the related matter. Plaintiff's
Complaints in both cases arise out of the same August 5, 2013 incident. His Complaint
in the earlier filed matter was not signed until August 9, 2014. He therefore could not
have placed it in the mail within a year of the incident at issue, and his claim is
therefore prescribed and untimely.
IT IS ORDERED that Plaintiff’s complaints in both consolidated matters are
hereby DISMISSED WITH PREJUDICE as legally frivolous under 28 U.S.C. §
1915(e)(2) because his claims are barred by the applicable statute of limitations.
New Orleans, Louisiana, this 17th day of April, 2015.
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE
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