Pitre v. Cain et al

Filing 11

JUDGMENT ADOPTING 7 Report and Recommendations, ordering that plaintiff's civil rights complaint and request for monetary and injunctive relief be dismissed with prejudice as frivolous. Signed by Judge Patricia Minaldi on 05/26/2009. (crt,Benoit, J)

RECEIVED
IN LAKE CHARLES, LA

MM 2 62009
TONY R. MOORE CLERK WESTERN DISTRICT dF LOUISIANA

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

ANTHONY C. PITRE LA. DOC # 475323 VS. NATHAN CAIN, ET AL.

CIVIL ACTION NO. 08-1894 SECTION P JUDGE MINALDI MAGISTRATE JUDGE KAY

JUDGMENT For the reasons stated in the Report and Recommendation and the Supplemental Report

and Recommendation of the Magistrate Judge previously filed herein, and after an independent
review of the record including the objections filed by petitioner,' and having determined that the findings and recommendation are correct under the applicable law; IT iS ORDERED THAT plaintiff's civil rights complaint and his requests for monetary

and injunctive relief be DISMISSED WITH PREJUDICE as frivolous in accordance with the
provisions of 28 U.S.C. § 191 5(e)(2)(B). THUS DONE AND SIGNED, in chambers, in Lake Charles, Louisiana, on thigh day of ,2009.

MINALDI STATES DISTRICT JUDGE

`Plaintifffiled a Motion to Amend/Supplement Complaint within the time allowed to submit objections to the magistrate judge's Report and Recommendation. Doc. 8. The Motion to Amend seeks to allow plaintiffthe opportunity to supplement his complaint with information that he has been transferred to a new facility where he received hospital treatment and is now assigned a light duty status. Id. Given the procedural posture of this matter, the court construes the Motion as an objection to the Report and Recommendation of the magistrate ~doc. 7].