Melendez v. State of Louisiana

Filing 7

OPINION adopting 4 Report and Recommendations of the U.S. Magistrate Judge. 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 The Court declines the exercise of supplemental jurisdiction over any potential state law claims.Judgment shall be entered accordingly. Signed by Judge John W. deGravelles on 02/07/2024. (ELW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
JULIO MELENDEZ (#118533)

CIVIL ACTION NO.

VERSUS

23-729-JWD-EWD

STATE OF LOUISIANA

OPINION
After independently reviewing the entire record in this case and for the reasons set
forth in the Magistrate Judge's Report dated January 3, 2024 (Doc. 4), to which an objection
was filed and considered (Doc. 6),
IT IS ORDERED 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 The Court
declines the exercise of supplemental jurisdiction over any potential state law claims.
Judgment shall be entered accordingly.
Signed in Baton Rouge, Louisiana, on February 7, 2024.

S

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

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 will count as a strike.
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