Robertson v. Judicial Administrator

Filing 6

RULING and ORDER. Ruling Adopting 4 Report and Recommendation of the U.S. Magistrate Judge as the Court's opinion herein. The above captioned matter is DISMISSED without leave to amend because there is no conceivable, non-frivolous federal claim Plaintiff Douglas Robertson could assert consistent with the fact alleged in his complaint. Signed by Chief Judge Brian A. Jackson on 12/04/2013. (CGP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

DOUGLAS ROBERTSON (#91333)

CIVIL ACTION

VERSUS
JUDICIAL ADMINISTRATOR,
LOUISIANA SUPREME COURT

NO.: 13-00698-BAJ-SCR

RULING AND ORDER
On October 24, 2013, the United States Magistrate Judge issued a Report and
Recommendation, pursuant to 28 U.S.C. § 636(b)(1), recommending that Plaintiff
Douglas Robertson’s action be dismissed as legally frivolous pursuant to 28 U.S.C. §
1915(e)(2)(B)(i) and (iii). (Doc. 4.) Plaintiff seeks an order from this Court directing the
Judicial Administrator of the Louisiana Supreme Court to rule on his writ of
mandamus.
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. 4, at
1.) A review of the record indicates that Plaintiff filed a timely memorandum in
opposition to the Magistrate Judge’s Report and Recommendation on October 30, 2013.
(Doc. 5.)

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. 4) 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 Douglas Robertson could assert consistent with the facts alleged in his
complaint.
Baton Rouge, Louisiana, December 4, 2013.

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

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