Hanson v. Smith et al

Filing 11

RULING Adopting 7 Report and Recommendations,of the U.S. Magistrate Judge. The plaintiff's objection to the report is DISMISSED as legally frivolous and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. 1915(g) and 1915A, without prejudice to the plaintiff's right to seek additional relief upon satisfaction of the requirements set forth in Heck v. Humphrey, supra. Signed by Judge James J. Brady on 04/24/2013. (CGP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
DONALD HANSON (#499906)
CIVIL ACTION
VERSUS
NO. 12-764-JJB-RLB
BRENNA JOLEI SMITH, L.P.N., 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 Richard
L. Bourgeois, Jr., dated April 1, 2013 (doc. no. 7). The plaintiff has filed an objection to the
report which merely restates his prior argument and has been duly considered.
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 action is DISMISSED
as legally frivolous and for failure to state a claim upon which relief may be granted
pursuant to 28 U.S.C. §§ 1915(g) and 1915A, without prejudice to the plaintiff’s right to
seek additional relief upon satisfaction of the requirements set forth in Heck v. Humphrey,
supra.
Baton Rouge, Louisiana, this 24th day of April, 2013.

JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA