Opinion
CIVIL ACTION NO. 19-793-JWD-SDJ
08-26-2020
OPINION
After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report dated August 3, 2020 (Doc. 13), to which an objection was filed (Doc. 14);
IT IS ORDERED that Plaintiff's Motion for Leave to File an Amended Complaint (Doc.11) is DENIED, Plaintiff's claims are DISMISSED WITH PREJUDICE as frivolous pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A, and this case is CLOSED.
The plaintiff is advised that 28 U.S.C. § 1915(g) provides that, "In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section [Proceedings in forma pauperis] if the prisoner has, on 3 or more prior 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." Should this report and recommendation be adopted, this will count as a strike. --------
Judgment shall be entered accordingly.
Signed in Baton Rouge, Louisiana, on August 26, 2020.
/s/ _________
JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA