Greer v. Cain

Full title: FREDRICK GREER (#525214) v. BURL CAIN, ET AL

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Dec 2, 2013

CIVIL ACTION NO. 13-29-SDD-SCR (M.D. La. Dec. 2, 2013)

Opinion

CIVIL ACTION NO. 13-29-SDD-SCR

12-02-2013

FREDRICK GREER (#525214) v. BURL CAIN, ET AL

SHELLY D.DICK

RULING

AND

ORDER OF DISMISSAL

The Court has carefully considered the Petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Stephen C. Riedlinger dated November 5, 2013. Plaintiff has filed an objection which the Court has considered.

The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein.

Accordingly, Defendant's Motion to Dismiss ¹ is granted and this action is dismissed pursuant to 28 U.S.C. §1915(e)(2)(B)(ii), and without leave to amend because there is no conceivable, non-frivolous federal claim Plaintiff could assert against the Defendants consistent with the facts alleged in his complaint as expanded by the information provided at the Spears hearing.

1 Record Document 24

Baton Rouge, Louisiana, December 2, 2013.

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SHELLY D.DICK, DISTRICT JUDGE

MIDDLE DISTRICT OF LOUISIANA