Malone v. Campbell et al

Filing 26

JUDGMENT ADOPTING 23 Report and Recommendation of the Magistrate Judge, Dismissing 1 Civil Rights Complaint filed by Cary Ellis Malone With Prejudice as frivolous. It is further ordered that Plaintiff's request for habeas relief is Dismissed Without Prejudice. It is further ordered that 9 Motion to Dismiss and 18 Motion to Dismiss are Denied as Moot. Signed by Judge Robert G James on 1/4/2018. (crt,Crawford, A)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION CAREY ELLIS MALONE CIVIL ACTION NO. 3:17-CV-00707 VERSUS SECTION P JUDGE ROBERT G. JAMES JONATHAN D. CAMPBELL, ET AL. MAG. JUDGE PEREZ-MONTES JUDGMENT For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, determining that the findings are correct under the applicable law, and noting the absence of objections to the Report and Recommendation in the record, IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff’s civil rights action is DISMISSED WITH PREJUDICE as frivolous pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff’s request for habeas relief is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the pending motions to dismiss [Doc. Nos. 9 & 18] are DENIED AS MOOT. MONROE, LOUISIANA, this 4th day of January, 2018.

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