Davis v. LeBlanc et al

Filing 44

ORDER ADOPTING REPORT AND RECOMMENDATIONS 38 . Plaintiff's Motions, Doc. 5, 16, 26, and 28 are DENIED. Plaintiff's complaint is hereby DISMISSED WITH PREJUDICE. Signed by Judge Jane Triche Milazzo.(ecm)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ROBERT JACIAN DAVIS CIVIL ACTION VERSUS NO. 16-15591 SEC. JAMES LEBLANC ET AL. SECTION “H”(2) ORDER 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 objections 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. The Court notes Plaintiff’s request to amend his Complaint to dismiss his claims of racial discrimination and loss of good time, while retaining his claims regarding inadequate medical care and access to the law library. The magistrate judge, however, conducted a Spears hearing in which Plaintiff was allowed to further explain his claims in the nature of an amended complaint. See Adams v. Hansen, 906 F.2d 192, 194 (5th Cir. 1990) (“Spears hearing is . . . in the nature of an amended complaint or a more definite statement.”). The magistrate judge then adequately addressed Plaintiff’s claims relating to medical care (See Doc. 38, p.26) and access to the law library (See Doc. 38, p.38). Accordingly, further amendment would be futile, and this Court adopts the magistrate’s reasoning as its own. Accordingly; IT IS ORDERED that (1) plaintiff’s motions for injunctive relief or temporary restraining order, Record Doc. Nos. 5, 16, 26 and 28, are DENIED, and (2) plaintiff’s complaint is hereby DISMISSED WITH PREJUDICE as legally frivolous and/or for failure to state a claim under 28 U.S.C. § 1915(e)(2) and 42 U.S.C. § 1997e(c)(1). New Orleans, Louisiana, this 13th day of March 2017. ________________________________ JANE TRICHE MILAZZO UNITED STATES DISTRICT JUDGE

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