Opinion
No. 2006 CA 0130.
December 28, 2006.
Appealed from the Nineteenth Judicial District Court In and for the Parish of East Baton Rouge, Louisiana Trial Court Number 534,889 Honorable Curtis A. Calloway, Judge.
Clarence Buckley, Kinder, LA, In Proper Person Plaintiff-Appellant.
William L. Kline, Baton Rouge, LA, Attorney for Defendant-Appellee State, Department of Public Safety Corrections.
BEFORE: KUHN, GAIDRY, AND WELCH, JJ.
Plaintiff/Appellant, inmate Clarence Buckley, seeks review of the district court judgment adopting the screening recommendation of the Commissioner and dismissing Buckley's claims, without service on the Department, as frivolous for failing to state a cause of action or cognizable claim for which relief is available, in accordance with the screening requirements. La. R.S. 15:1178(D).
Case law precedent and statutory authority clearly control the disposition of this case, and the issues raised involve no more than an application of well-settled rules to recurring fact situations. The August 23, 2005 Commissioner's Screening report, adopted by the district court in its September 13, 2005 judgment, thoroughly discusses the factual and procedural background and provides an excellent analysis of the applicable law supporting that decision.
Accordingly, we affirm the district court's judgment in accordance with Rule 2-16.2A(2), (4), (5), and (6) of the Uniform Rules of Louisiana Courts of Appeal. All costs of this appeal are assessed to the plaintiff/appellant.