Smith v. LeBlanc

Filing 9

OPINION : Adopting 7 Report and Recommendation of the U.S. Magistrate Judge. Plaintiffs federal claims shall be DISMISSED WITH PREJUDICE as legally frivolous and for failure to state a claim pursuant to 28 U.S.C. §§ 1915 and 1915A. Signed by Judge John W. deGravelles on 12/3/2020. (ELW)

Case 3:20-cv-00371-JWD-EWD

Document 9

12/03/20 Page 1 of 1

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
KELVIN RAY SMITH (#94994)
CIVIL ACTION NO.
VERSUS
20-371-JWD-EWD
JAMES LeBLANC, ET AL.
OPINION
After independently reviewing the entire record in this case and for the reasons set
forth in the Magistrate Judge's Report (Doc. 7) dated October 28, 2020, to which an objection
was filed and considered (Doc. 8);
IT IS ORDERED that the Court declines to exercise supplemental jurisdiction over
Plaintiff’s potential state law claims, and that Plaintiff’s federal claims shall be DISMISSED
WITH PREJUDICE as legally frivolous and for failure to state a claim pursuant to 28 U.S.C.
§§ 1915 and 1915A.1
Signed in Baton Rouge, Louisiana, on December 3, 2020.

S
JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

1 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.” Because the Report and Recommendation (Doc. 7) was adopted, this Ruling will constitute a strike.