Wells v. State of Louisiana et al

Filing 9

OPINION Adopting of the U.S. Magistrate Judge's Report.. IT IS ORDERED that this lawsuit shall be dismissed pursuant to 28 U.S.C. 1915 (e)(2)(B)(i), as stated herein... Judgment shall be entered accordingly. Signed by Judge Frank J. Polozola on 6/18/2010. (CMM,)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA KELVIN WELLS VERSUS STATE OF LOUISIANA, 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 an objection was filed: IT IS ORDERED that this lawsuit shall be DISMISSED pursuant to 28 U.S.C. § 1915(e), as follows: 1. Plaintiff's claims against Department of Social Services, State Licensing of daycares, Child Protection, Support Enforcement Services, Department of Transportation and Development, Office of Risk Management and against Secretary of DSS, Marion Willett, and William Ankner, in their official capacities, shall be DISMISSED pursuant to 28 U.S.C. §1915(e)(2)(B)(iii). 2. Plaintiff's specific claims that Department of Social Services, Secretary of Social Services, state licensing of day cares, child protection, and support enforcement services failed to investigate his complaints against his son's daycare and failed to revoke the daycare's license and took $7,000 from a judicial settlement in payment of child support while knowing that plaintiff was disabled are malicious and shall be DISMISSED pursuant to 28 U.S.C. §1915(e)(2)(B)(i). Doc#46794 CIVIL ACTION NUMBER 10-00111-FJP-DLD

3.

Plaintiff's

claims

against

Secretary

of

DSS,

Marion

Willett, and William Ankner, in their individual capacities, are frivolous and shall be DISMISSED, pursuant to 28 U.S.C.

§1915(e)(2)(B)(i). Judgment shall be entered accordingly. Baton Rouge, Louisiana, June 18, 2010.

S FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

Doc#46794