Turner v. VA Department of Prob/Parole et al

Filing 7

OPINION Adopting 6 Report and Recommendations of the U.S. Magistrate Judge. Pla's action shall be dismissed as legally frivolous, without prejudice to any rights he may have to pursue habeas corpus relief in a separate proceeding. Signed by Judge Frank J. Polozola on 7/15/10. (BP, )

Turner v. VA Department of Prob/Parole et al

Doc. 7

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA MICHAEL WAYNE TURNER (#129409) A/K/A MICHAEL CAPELLO VERSUS VA. DEPARTMENT OF PROB./PAROLE, ET AL. OPINION After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report to which no objection was filed: IT IS ORDERED that the plaintiff's action shall be dismissed as legally frivolous, without prejudice to any rights he may have to pursue habeas corpus relief in a separate proceeding.1 Judgment shall be entered accordingly. Baton Rouge, Louisiana, July 15, 2010.

CIVIL ACTION NO. 10-0041-FJP-DLD

S FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

Note that 28 U.S.C. § 1915(g) provides that, "[i]n no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury." Doc#46832

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