Arnold v. State et al

Filing 5

RULING AND ORDER Adopting 4 Report and Recommendation of the U.S. Magistrate Judge. Petitioner's Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE, pursuant to 28 USC 1915(e) and 1915A. A final judgment shall follow in accordance with FRCP 58. Signed by Judge Brian A. Jackson on 10/28/2019. (SWE) Modified on 10/29/2019 to edit the docket text(SWE).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
DREW ARNOLD (#96979) CIVIL ACTION

VERSUS
STATE OF LOUISIANA, ET AL. NO.: 17-01592-BAJ-EWD

RULING AND ORDER
Before the Court is the United States ]V[agistrate Judge's Report and
Recommendation (Doc. 4) pursuant to 28 U.S.C. § 636(b)(l). The Report and
Recommendation addresses pro se Plaintiff Drew Arnold's Complaint (Doc. 1). The
Magistrate Judge recommended that Plaintiffs requested action be dismissed with
prejudice as legally frivolous and for failure to state a claim upon which relief may be
granted. (Doc. 4 at p. 5). Dismissal of claims brought by prisoners against a
governmental entity or an officer or employee of a governmental entity that the Court

deems frivolous is authorized under 28 U.S.C. §§ 1915(e) and 1915A. The Magistrate
Judge further recommended that the Court decline supplemental jurisdiction relative
to Plaintiffs potential state law claims. Id.
The Report and Recommendation notified the parties that, pursuant to 28
U.S.C. § 636(b)(l), they had fourteen (14) days from the date they received the Report
and Recommendation to file written objections to the proposed findings of fact,
conclusions of law, and recommendations therein. {Id. at p. 1). Neither party

objected. Having carefully considered the underlying Complaint and related filings,

the Court approves the Magistrate Judge s Report and Recommendation, and hereby
adopts its findings of fact, conclusions of law, and recommendation.

Accordingly,

IT IS ORDERED that the Magistrate Judge's Report and
Recommendation (Doc. 4) is ADOPTED as the Court's opinion herein.

IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas
Corpus (Doc. 1) is DISMISSED WITH PREJUDICE, pursuant to 28 U.S.C.
1915(e) and 1915A. A final judgment shall follow in accordance with Federal Rule of
Civil Procedure 58.

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Baton Rouge, Louisiana, this rf~Q day of October, 2019.

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JUDGE BRIAN A.\IM^:SON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA