Armstrong v. Serpas et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS 22 . Signed by Judge Jay C. Zainey.(jrc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

EDDIE F. ARMSTRONG

CIVIL ACTION

VERSUS

NO. 15-808

RONAL SERPAS, ET AL.

SECTION "A" (3)

ORDER
The Court, having considered the complaint, the record, the applicable law, the Report and
Recommendation of the United States Magistrate Judge, and the 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. Plaintiff's suggests that prescription
should not have run while he continued to receive treatment for his injuries. To the contrary, whether
under state or federal law, the statute of limitations is not held in abeyance until the plaintiff
becomes "harmed enough." See Wallace v. Kato, 549 U.S. 384, 387, 391 (2007).
IT IS ORDERED that Lester C. Marshall's Motion to Dismiss (Rec. Doc. 16) is
GRANTED and that the claims against that defendant are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the claims against Ronal Serpas be DISMISSED WITH
PREJUDICE as frivolous pursuant to 28 U.S.C. §§ 1915A(b) and 1915(e)(2)(B).
August 26, 2015
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UNITED STATES DISTRICT JUDGE