Dupre v. Larke et al

Filing 6

RULING Adopting of the U.S. Magistrate Judge and ORDER DISMISSING CASE. Plaintiffs complaint be dismissed pursuant to 28 U.S.C. §1915(e)(2)(B)(i) and (iii), and without leave to amend because there is no conceivable, non-frivolous federal claim plaintiff could assert consistent with the facts alleged in his complaint.Signed by Chief Judge Brian A. Jackson on 8/29/2012. (PJH) Modified on 8/29/2012 to edit text (PJH).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
EARL DUPRE (#446240)
CIVIL ACTION
VERSUS
NUMBER 12-418-BAJ-SCR
JUDGE LARKE, ET AL
RULING
and ORDER OF DISMISSAL
The Court has carefully considered the complaint, the record, the law
applicable to this action, and the Report and Recommendation of the United States
Magistrate Judge Stephen C. Riedlinger dated July 19, 2012 (doc. 4), and
defendant’s objection filed July 31, 2012 (doc. 5).
The Court hereby approves the report and recommendation of the magistrate
judge and adopts it as the Court’s opinion herein.
Accordingly, plaintiff’s complaint is dismissed pursuant to 28 U.S.C.
§1915(e)(2)(B)(i) and (iii), and without leave to amend because there is no
conceivable, non-frivolous federal claim plaintiff could assert consistent with the
facts alleged in his complaint.
Baton Rouge, Louisiana, August 27, 2012.

BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA