Smith v. Elyan Hunt Correctional Center et al

Filing 9

OPINION Adopting 8 Report and Recommendation of the U.S. Magistrate Judge. 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. Signed by Judge John W. deGravelles on 7/13/2017. (EDC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
DONALD RAY SMITH (#429663)
CIVIL ACTION
VERSUS
NO. 16-457-JWD-RLB
ELAYN HUNT CORRECTIONAL CENTER, 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 June 28, 2017, to which no objection was filed:
IT IS ORDERED that the Court decline 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 July 13, 2017.

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.”