Opinion
CIVIL ACTION NO. 1:16-CV-1131; SECTION "P"
10-11-2016
LOUIS VERNON JACKSON, Plaintiff v. FAMILY DENTISTRY, ET AL., Defendants
MAGISTRATE JUDGE PEREZ-MONTES
JUDGMENT
For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law;
IT IS ORDERED that Plaintiff's § 1983 complaint is hereby DENIED AND DISMISSED with prejudice as frivolous pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A, and Plaintiff's pendent state tort claim is DISMISSED WITHOUT PREJUDICE.
Additionally, the Court notes the copy of the report and recommendation mailed August 30, 2016 to Mr. Jackson's last known address was returned to the Clerk of Court on September 6, 2016, marked "return to sender." Thirty days have passed September 6, 2016, but no correction to Plaintiff's address has been received by the Court. Therefore, dismissal for failure to prosecute under Local Rule 41.3W of the Uniform District Court Rules is also appropriate.
The Clerk of Court is instructed to send a copy of this Judgment to the keeper of the three strikes list in Tyler, Texas.
THUS DONE AND SIGNED at Alexandria, Louisiana, this 11th day of October, 2016.
/s/ _________
CHIEF JUDGE DEE D. DRELL
UNITED STATES DISTRICT COURT