Opinion
No. CA 09 00030.
May 6, 2009.
APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 225,011 HONORABLE F. RAE SWENT, DISTRICT JUDGE.
Robert Kevin McCartney, Pro Se, DWCC H5B, Homer, Louisiana, Plaintiff/Appellant.
William M. Ford, Attorney at Law, Alexandria, Louisiana, Counsel for Defendant/Appellee: Estate of Dr. George McCormick and Susan McCormick, Executrix.
John Franklin Weeks, II, Lloyd Fred Schroeder, Ursy, Weeks Matthews, New Orleans, Louisiana, Counsel for Defendants/Appellees: Rapides Parish Sheriff Charles F. Wagner, Jr. (as successor to former Sheriff Earl Hilton), Clyde Terral, Michael Villard.
Robert L. Bussey, Assistant District Attorney, Alexandria, Louisiana, Counsel for Defendants/Appellees: Rapides Parish District Attorney's Office, Clifford Royce Strider, III, James Buck, Charles Wagner, James Downs.
Aubrey McCartney, Elaine McCartney, Pro Se, Tioga, Louisiana, Plaintiffs/Appellants.
Court composed of JOHN D. SAUNDERS, MICHAEL G. SULLIVAN, and ELIZABETH A. PICKETT, Judges.
Plaintiffs, Robert Kevin McCartney, Aubrey McCartney, and Elaine McCartney, all of whom appear in proper person, appeal the October 28, 2008 judgment of the trial court, which, for various reasons, including La.R.S. 15:1184(B), dismissed all of the plaintiffs' claims against all of the defendants with prejudice.
Louisiana Revised Statutes 15:1184(B), which is part of the Prison Litigation Reform Act, provides, in pertinent part, that:
The court, on its own motion or on the motion of a party, shall dismiss any prisoner suit if the court is satisfied that the action is frivolous, is malicious, fails to state a cause of action, seeks monetary relief from a defendant who is immune from such relief, or fails to state a claim upon which relief can be granted. If the court makes a determination to dismiss the suit based on the content, or lack thereof, of the petition, the court may dismiss the underlying claim without first requiring the exhaustion of administrative remedies.
We have thoroughly examined the assignments of error alleged in the plaintiffs' brief and none have any merit. Accordingly, the judgment of the trial court is affirmed in its entirety at plaintiffs' cost.
AFFIRMED.
This opinion is NOT DESIGNATED FOR PUBLICATION. Uniform Rules — Courts of Appeal, Rule 2-16.3.