Wade v. Vannoy et al

Filing 10

OPINION Adopting 8 the report and recommendation of the U.S. Magistrate Judge. Signed by Judge John W. deGravelles on 10/18/2016. (ELW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA TROY D. WADE (#305401) CIVIL ACTION VERSUS NO. 16-360-JWD-RLB DARREL VANNOY, ET AL. OPINION After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report issued October 6, 2016, to which an objection was filed: IT IS ORDERED that the plaintiff’s action is dismissed, with prejudice, as legally frivolous, and for failure to state a claim upon which relief may be granted1 pursuant to 28 U.S.C. §§ 1915(e) and 1915A. Signed in Baton Rouge, Louisiana, on October 18, 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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