McGee v. Krebs et al

Filing 42

FINAL JUDGMENT: Ordered that Plaintiffs habeas claims are dismissed without prejudice. Plaintiffs Sec. 1983 claims are dismissed with prejudice as frivolous pursuant to 28 U.S.C. Sec. 1915(e)(2)(B)(i), for failure to state a claim pursuant to 28 U.S. C. Sec. 1915(e)(2)(B)(ii), and based on immunity pursuant to 28 U.S.C. Sec. 1915(e)(2)(B)(iii). The dismissals pursuant to 28U.S.C. Sec. 1915(e)(2)(B)(i) and (ii) count as a strike under the Prison Litigation Reform Act. See 28 U.S.C. Sec. 1915(g). Signed by Chief District Judge Louis Guirola, Jr. on 11/18/15. (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
CHARLES LAFAYETTE MCGEE, #L7157

PLAINTIFF

v.

CAUSE NO.1:15-cv-65-LG-RHW

ROBERT P. KREBS, ET AL.

DEFENDANTS
FINAL JUDGMENT

This cause is before the Court, sua sponte, for consideration of dismissal.
Pursuant to the Memorandum Opinion and Order issued this date and incorporated
herein by reference,
IT IS ORDERED AND ADJUDGED that Plaintiff’s habeas claims are
DISMISSED WITHOUT PREJUDICE. Plaintiff’s § 1983 claims are dismissed
WITH PREJUDICE as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), for
failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), and based on
immunity pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii). The dismissals pursuant to 28
U.S.C. § 1915(e)(2)(B)(i) and (ii) count as a strike under the Prison Litigation
Reform Act. See 28 U.S.C. § 1915(g).
SO ORDERED AND ADJUDGED this the 18th day of November, 2015.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE