Andrews v. Summit/Oshner Hospital et al

Filing 10

OPINION Adopting 8 Report and Recommendation of the U.S. Magistrate Judge. The Court declines to exercise supplemental jurisdiction over any potential state law claims and that this action shall be dismissed, with prejudice, 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 4/27/2021. (SWE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

JOSEPH M. ANDREWS
CIVIL ACTION
VERSUS
NO. 20-598-JWD-RLB
SUMMIT/OSHNER HOSPITAL, ET AL.
OPINION
The Court has reviewed the entire record in this case. Plaintiff filed no objection to
the Report and Recommendation Report (Doc. 8) dated April 12, 2021. However, Plaintiff
did write a letter to the Court on April 19, 2021 (Doc. 9). To the extent this letter can be
considered an objection, the Court has read and considered it and agrees with the Report and
Recommendation of the Magistrate Judge.
IT IS ORDERED that the Court declines to exercise supplemental jurisdiction over
any potential state law claims and that this action shall be dismissed, with prejudice, 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 April 27, 2021.

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.”