McAllister v. Strain

Full title: LARRY McALLISTER v. WARDEN AL STRAIN DEPUTY OFFICERS ON STAFF

Court: United States District Court, E.D. Louisiana

Date published: Feb 25, 2009

CIVIL ACTION NO. 08-5174, SECTION "F"(5) (E.D. La. Feb. 25, 2009)

Opinion

CIVIL ACTION NO. 08-5174, SECTION "F"(5).

February 25, 2009

ORDER

MARTIN FELDMAN, District Judge

The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an objection to the Magistrate Judge's Report and Recommendation, 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 the 42 U.S.C. § 1983 claims brought by the plaintiff, Larry McAllister, against the defendants, Warden Al Strain and deputy officers on staff, are DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted pursuant to 28 U.S.C. § 1915(e)(2)(b), § 1915A(b)(1) and 42 U.S.C. § 1997e(c).

IT IS FURTHER ORDERED that McAllister's state law claims are DISMISSED WITHOUT PREJUDICE to his ability to pursue the claims in the appropriate state forum because the Court declines to exercise its supplemental jurisdiction.