Bernard v. Cain et al

Filing 16

OPINION Adopting of the U.S. Magistrate Judge's Report and Recommendation 12 . ORDERED that the Court declines the exercise of supplemental jurisdiction overany potential state law claims, and 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 1915ASigned by Judge John W. deGravelles on 11/09/2016. (ELW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
LARRY ROMERIC BERNARD (#108810)
CIVIL ACTION
VERSUS
NO. 16-12-JWD-RLB
BURL CAIN, 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 October 6, 2016, to which an objection was filed:
IT IS ORDERED that the Court declines the exercise of supplemental jurisdiction over
any potential state law claims, and 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 November 9, 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.”