Benjamin v. Gusman

Filing 9

ORDER ADOPTING 8 REPORT AND RECOMMENDATIONS. ORDERED that plaintiff's complaint is DISMISSED as malicious pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i) and 1915A(b)(1). FURTHER ORDERED that his claims are DISMISSED WITHOUT PREJUDICE to their prosecution in Civil Action No. 17-7015 "E"(3). Signed by Judge Susie Morgan on 11/9/2017.(clc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DALE G. BENJAMIN

CIVIL ACTION

VERSUS

NO. 17-7015

MARLIN GUSMAN

SECTION: “E”(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 failure of any party to file an
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.
Therefore,
IT IS ORDERED that plaintiff’s complaint is DISMISSED as malicious pursuant to 28
U.S.C. §§ 1915(e)(2)(B)(i) and 1915A(b)(1).
IT IS FURTHER ORDERED that his claims are DISMISSED WITHOUT
PREJUDICE to their prosecution in Civil Action No. 17-7015 "E"(3).
New Orleans, Louisiana, this 9th day of November, 2017.
___________________________ ______________
UNITED STATES DISTRICT JUDGE