Gavin v. Moore et al

Filing 6

OPINION Adopting 4 Report and Recommendations, of the U.S. Magistrate Judge. IT IS ORDERED that the pltf's action is dismissed as legally frivolous and for failure to state a claim upon which relief may be granted within the meaning of 28 U.S.C. § 1915(e). Signed by Judge Frank J. Polozola on 2/23/2012. (CMM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

MICHAEL J. GAVIN (#9000116394)
CIVIL ACTION
VERSUS
NO. 11-704-FJP-DLD
RICHARD MOORE, ET AL
O P I N I O N
After independently reviewing the entire record in this case and for
reasons set forth in the Magistrate Judge's Report1 to which an objection2
was filed:
IT IS ORDERED that the plaintiff's action is dismissed as legally
frivolous and for failure to state a claim upon which relief may be
granted within the meaning of 28 U.S.C. § 1915(e).3
Baton Rouge, Louisiana, February 23, 2012.

S
FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

1

Rec. Doc. No. 4.

2

Rec. Doc. No. 5.

3

The plaintiff is hereby placed on notice 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 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."

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