Kelly v. Jindal et al

Filing 14

OPINION Adopting the 12 Report and Recommendation of the U.S. Magistrate Judge. The Plaintiff's 5 Motion for Injunctive Relief is denied. This action is dismissed, with prejudice, as legally frivolous, and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e) and 1915A. Signed by Judge John W. deGravelles on 3/14/2016. (LLH)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA KENNETH KELLY (#124085) CIVIL ACTION VERSUS NO. 15-537-JWD-RLB BOBBY JINDAL, 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 February 22, 2016, to which an objection was filed: IT IS ORDERED that Plaintiff’s Motion for injunctive relief (R. Doc. 5) is denied. IT IS FURTHER ORDERED that this action is dismissed, with prejudice, as legally frivolous, and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e) and 1915A.1 Signed in Baton Rouge, Louisiana, on March 14, 2016. 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, “In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section [Proceedings in forma pauperis] 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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