Summary
leaving assigned post constitutes mere negligence insufficient to state a § 1983 claim
Summary of this case from White v. GuerinOpinion
DOCKET NO. 14-CV-919; SEC. P
11-05-2014
HENRY KIMBALL (#120724) v. SGT. BENJAMIN, ET AL.
MAGISTRATE JUDGE KIRK
JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, including the objections filed by Plaintiff, and having determined that the findings and recommendation are correct under the applicable law;
IT IS ORDERED that Plaintiff's complaint be DENIED AND DISMISSED with prejudice pursuant to 28 U.S.C. §1915 (e) (2) (B) and 1915A.
The Clerk of Court is instructed to send a copy of this Judgment to the keeper of the three strikes list in Tyler, Texas.
THUS DONE AND SIGNED, at Alexandria, Louisiana, on this 5th day of November, 2014.
/s/_________
JUDGE JAMES T. TRIMBLE, JR.
UNITED STATES DISTRICT JUDGE