Merritt v. Veyaze et al

Filing 7

RULING AND ORDER adopting the 6 Report and Recommendation of the U.S. Magistrate Judge as the Court's opinion herein. This matter is DISMISSED, without leave to amend, because there is no conceivable, non-frivolous federal claim that Plaintiff Justin Merritt could assert against these defendants consistent with the facts alleged in his complaint. Signed by Chief Judge Brian A. Jackson on 11/14/2013. (LLH)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JUSTIN H. MERRITT (#3452) CIVIL ACTION VERSUS DR. SYNK VEYAZE, ET AL. NO.: 13-00214-BAJ-SCR RULING AND ORDER On October 2, 2013, the United States Magistrate Judge issued a Report and Recommendation, pursuant to 28 U.S.C. § 636(b)(1), recommending that Plaintiff Justin Merritt’s action be dismissed as legally frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). (Doc. 6.) The Magistrate Judge’s Report and Recommendation specifically notified Plaintiff that, pursuant to 28 U.S.C. § 636(b)(1), he had fourteen (14) days from the date he received the Report and Recommendation to file written objections to the proposed findings of fact, conclusions of law, and recommendations therein. (Doc. 6, at 1.) A review of the record indicates that Plaintiff did not file a memorandum in opposition to the Magistrate Judge’s Report and Recommendation. Having carefully considered the Magistrate Judge’s Report, the record, and the applicable law, the Court concludes that the Magistrate Judge’s Report is correct, and hereby adopts its findings of fact, conclusions of law, and recommendation. Accordingly, IT IS ORDERED that the Magistrate Judge’s Report (Doc. 6) is ADOPTED as the Court’s opinion herein. IT IS FURTHER ORDERED that the above captioned matter is DISMISSED, without leave to amend, because there is no conceivable, non-frivolous federal claim Plaintiff Justin Merritt could assert against these defendants consistent with the facts alleged in his complaint. Baton Rouge, Louisiana, November 14, 2013. BRIAN A. JACKSON, CHIEF JUDGE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA 2

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