Knowlton v. District Attorney et al

Filing 7

JUDGMENT ADOPTING 6 Report and Recommendations,,,. Signed by Judge Tucker L Melancon on 12/3/09. (crt,Jordan, P)

UNITED STATES DISTRICT COURT W E ST E R N DISTRICT OF LOUISIANA L A K E CHARLES DIVISION JO H N MICHAEL KNOWLTON : DO CK ET NO. 2:09-cv-1068 V S. O F F IC E OF DISTRICT ATTORNEY, ET AL : JU D G E MELANÇON : M A G IST R A T E JUDGE METHVIN

J U DG M E N T There being no objection to the proposed findings of fact and conclusions of law in the Report and Recommendation of the Magistrate Judge previously filed herein these findings and con clusions are accepted. Alternatively, an independent review of the record has led this court to con clude that the proposed findings and conclusions are entirely correct. Accordingly, it is OR DE RE D that plaintiff's civil rights claims against Judge O'neal, District Attorney Burton, and Assistant District Attorneys Morton and Blankenship be DISMISSED WITH P R E J U DIC E as frivolous and for failing to state a claim on which relief may be granted in acc ordanc e with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). IT IS FURTHER ORDERED that plaintiff's civil rights claims against defendants Meisner, Beebe, and Faciane should be DISMISSED WITHOUT PREJUDICE until the pending criminal case has run its course. IT IS FINALLY ORDERED that plaintiff's claims for injunctive relief be DISMISSED W IT H PREJUDICE as frivolous and for failing to state a claim on which relief may be granted in acc ordanc e with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). T H U S DONE AND SIGNED, in Chambers, at Lafayette, Louisiana, this 3rd day of Decem ber, 2009.