Spikes v. Seal et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS 16 . Signed by Judge Sarah S. Vance on 3/14/16.(jjs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

JAMES JERROD SPIKES

CIVIL ACTION

VERSUS

NO: 14-3004

RANDY SEAL, ET AL.

SECTION: R
ORDER

Plaintiff James Jerrod Spikes filed this pro se complaint pursuant to 42
U.S.C. § 1983. The Magistrate Judge recommends that plaintiff's complaint
be dismissed with prejudice because it is frivolous, malicious, and fails to state
a claim upon which relief may be granted. Having reviewed de novo the
complaint,1 the record, the Magistrate Judge's Report and Recommendation,2
plaintiff's initial and amended objections,3 and plaintiff's "Motion for Issuance
of Subpoenas,"4 the Court approves the Report and Recommendation and
adopts it as its opinion.

1

R. Doc. 1.

2

R. Doc. 16.

3

R. Docs. 17, 18, 21.

4

R. Doc. 20.

As the Magistrate Judge correctly concluded, each of plaintiff's claims
is frivolous, malicious, and/or fails to state a claim upon which relief may be
granted. Plaintiff does not challenge the Magistrate Judges findings of facts
or conclusions of law. Instead, plaintiff repeats allegations from his complaint,
as well as allegations from other section 1983 lawsuits that he has filed in the
Eastern District of Louisiana. These submission are irrelevant to the findings
of fact and conclusions of law underlying the Magistrate Judge's Report and
Recommendation.
Accordingly, plaintiff's section 1983 complaint is DISMISSED WITH
PREJUDICE. Plaintiff's "Motion for Issuance of Subpoenas"5 is DENIED AS
MOOT.

New Orleans, Louisiana, this 14th day of March, 2016.
___

_____________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

5

R. Doc. 20.
2