Opinion
NO. 11-704-FJP-DLD
02-23-2012
MICHAEL J. GAVIN (#9000116394) v. RICHARD MOORE, ET AL
CIVIL ACTION
OPINION
After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report to which an objectionwas filed:
Rec. Doc. No. 4.
Rec. Doc. No. 5.
IT IS ORDERED that the plaintiff's action is dismissed as legally frivolous and for failure to state a claim upon which relief may be granted within the meaning of 28 U.S.C. § 1915(e).
The plaintiff is hereby placed on notice that 28 U.S.C. § 1915(g) provides that, "[i]n no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury."
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Baton Rouge, Louisiana, February 23, 2012.
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FRANK J. POLOZOLA
MIDDLE DISTRICT OF LOUISIANA