Harrison v. McDonald's Restaurant Inc.

Filing 7

OPINION Adopting 5 Report and Recommendations of the U.S. Magistrate Judge. The plaintiff's Complaint is dismissed pursuant to 28 U.S.C. §§ 1915(e) and 1915A for lack of jurisdiction and as frivolous and for failure to state a claim upon which relief may be granted, reserving to the plaintiff any state law claims that he may have. Signed by Judge John W. deGravelles on 05/29/2015. (BCL)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA TRAMAINE A. HARRISON (#3567) CIVIL ACTION VERSUS NO. 15-31-JWD-RLB McDONALD’S RESTAURANT, INC., ET AL. OPINION After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report dated May 7, 2015 to which no objection was filed: IT IS ORDERED that the plaintiff’s Complaint be dismissed pursuant to 28 U.S.C. §§ 1915(e) and 1915A for lack of jurisdiction and as frivolous and for failure to state a claim upon which relief may be granted, reserving to the plaintiff any state law claims that he may have.1 Signed in Baton Rouge, Louisiana, on May 29, 2015. S JUDGE JOHN W. deGRAVELLES UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA 1. The Plaintiff is advised that 28 U.S.C. § 1915(g) provides that, “[i]n no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.”

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