Johnson v. Jackson et al

Filing 14

OPINION adopting 11 Report and Recommendations of the U.S. Magistrate Judge. All federal claims brought in this suit by Plaintiff Andre Johnson are DISMISSED WITH PREJUDICE for failure to state a claim and/or as legally frivolous pursuant to 28 U .S.C. § 1915(e) and 1915A. Further, the Court declines the exercise of supplemental jurisdiction over potential state law claims. 12 Emergency Motion to Consider in the Above Claim and High Court Ruling is DENIED. Judgment shall be entered accordingly. Signed by Judge John W. deGravelles on 11/17/2022. (EDC)

Case 3:21-cv-00071-JWD-EWD

Document 14

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
ANDRE JOHNSON (#375946)

CIVIL ACTION

VERSUS
21-71-JWD-EWD
KENNY JACKSON, 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 October 31, 2022, (Doc. 11) to which an objection was filed
and considered (Doc. 13);
IT IS ORDERED that all federal claims brought in this suit by Plaintiff Andre Johnson
are DISMISSED WITH PREJUDICE for failure to state a claim and/or as legally frivolous
pursuant to 28 U.S.C. § 1915(e) and 1915A.1 Further, the Court declines the exercise of
supplemental jurisdiction over potential state law claims.
Plaintiff’s “Emergency Motion to Consider in the Above Claim and High Court
Ruling” (Doc. 12) requests that this Court allow this case to proceed based upon the Fifth
Circuit’s reversal of another of Plaintiff’s cases regarding a separate instance of retaliation.
However, in that case, the Fifth Circuit did not state Plaintiff’s claims were meritorious;
rather, the Circuit found that Plaintiff should have been given leave to amend prior to dismissing
his suit pursuant to 28 U.S.C. §§ 1915(e) and 1915A. In this case, the Court did provide Plaintiff
with leave to amend
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.” Should this Report and Recommendation be adopted, the Ruling in this
matter will count as a strike.
1

Case 3:21-cv-00071-JWD-EWD

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(R. Doc. 7), Plaintiff filed an amended complaint (Doc. 10), and the amended complaint still
fails to state a claim. Thus, the “Emergency Motion to Consider in the Above Claim and High
Court Ruling” (Doc. 12) is DENIED.
Judgment shall be entered accordingly.
Signed in Baton Rouge, Louisiana, on November 17, 2022.

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