Melancon v. New Orleans Police Dept

Full title: JOSEPH MELANCON v. NEW ORLEANS POLICE DEPT

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

Date published: Jan 30, 2009

CIVIL ACTION NO. 08-5005, SECTION "S" (5) (E.D. La. Jan. 30, 2009)

Opinion

CIVIL ACTION NO. 08-5005, SECTION "S" (5).

January 30, 2009

ORDER

MARY LEMMON, 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, ¹ hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore,

1 The Clerk of Court attempted to locate plaintiff after his release from prison to no avail. Local Rule 11.1E requires that each attorney and pro se litigant has a continuing obligation to apprise the court of any address change.

IT IS ORDERED that the 42 U.S.C. § 1983 claims brought by the plaintiff, Joseph Melancon, against the New Orleans Police Department and Orleans Parish Criminal Sheriff Marlin Gusman 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) and § 1915A and 42 U.S.C. § 1997e.