Summary
finding that there was no legal basis for holding the mayor liable for the conditions of the plaintiff's confinement within the Orleans Parish Prison system in light of the division of responsibilities between the City and the Sheriff
Summary of this case from Gibson v. GusmanOpinion
CIVIL ACTION NO. 06-4290, SECTION: "N"(3).
October 3, 2006
ORDER
The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the objections to the Magistrate Judge's Report and Recommendation filed by the plaintiff on September 26, 2006, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore,
IT IS ORDERED that plaintiff's federal civil rights complaint filed pursuant to 42 U.S.C. § 1983 is DISMISSED WITH PREJUDICE as frivolous and for failing to state a claim on which relief may be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1).