Lazard v. ELMHS
Filing
10
OPINION adopting 8 Report and Recommendations, of the U.S. Magistrate Judge. All claims are DISMISSED, WITH PREJUDICE as legally frivolous and for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e) and 1915A. Judgment shall be entered accordingly. Signed by Judge John W. deGravelles on 6/4/2024. (EDC)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
KIP LAZARD (#87626)
CIVIL ACTION
VERSUS
NO. 23-794-JWD-SDJ
ELMHS, 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 May 20, 2024 (Doc. 8), to which an objection
(Doc. 9) considered;
IT IS ORDERED that all claims are DISMISSED, WITH PREJUDICE as legally
frivolous and for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e) and 1915A.1
Judgment shall be entered accordingly.
Signed in Baton Rouge, Louisiana, on June 4, 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.” Since the Report and Recommendation
is adopted, the ruling will count as a strike.
1
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?