Smallwood v. Cain et al

Filing 14

RULING Adopting 10 Report and Recommendations of the U.S. Magistrate Judge. The plaintiffs claims are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), and without leave to amend because there is no conceivable, non-frivolous federal claim he could assert consistent with the facts alleged in his complaint. Signed by Judge James J. Brady on 04/24/2013. (SMG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
SAMUEL SMALLWOOD (#539104)
CIVIL ACTION
VERSUS
NO. 12-748-JJB-SCR
N. BURL CAIN, ET AL.
RULING
The court has carefully considered the petition, the record, the law applicable
to this action, and the Report and Recommendation of United States Magistrate
Judge Stephen C. Riedlinger, dated April 4, 2013 (doc. no. 10) to which no objection
has been filed.
The court hereby approves the report and recommendation of the magistrate
judge and adopts it as the court’s opinion herein. Accordingly, the plaintiff’s claims
are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), and without leave to
amend because there is no conceivable, non-frivolous federal claim he could assert
consistent with the facts alleged in his complaint.
Baton Rouge, Louisiana, April 24, 2013.

JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA