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Simmons v. Benjamin

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
Oct 30, 2012
CIVIL ACTION NUMBER 12-477-BAJ-SCR (M.D. La. Oct. 30, 2012)

Opinion

CIVIL ACTION NUMBER 12-477-BAJ-SCR

10-30-2012

JESSE SIMMONS (#277416) v. KEVIN BENJAMIN


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 August 9, 2012 (doc. 4), and plaintiff's opposition filed August 31, 2012 (doc. 5).

The Court hereby approves the report and recommendation of the magistrate judge and adopts it as the Court's opinion herein.

Accordingly, IT IS ORDERED plaintiff's complaint is dismissed pursuant to 28 U.S.C. §1915(e)(2)(B)(i), without prejudice to any state law claim, and without leave to amend because there is no conceivable, nonfrivolous federal claim he could assert consistent with the facts alleged in his complaint.

Baton Rouge, Louisiana, October 30, 2012.

_________________

BRIAN A. JACKSON, CHIEF JUDGE

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA


Summaries of

Simmons v. Benjamin

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
Oct 30, 2012
CIVIL ACTION NUMBER 12-477-BAJ-SCR (M.D. La. Oct. 30, 2012)
Case details for

Simmons v. Benjamin

Case Details

Full title:JESSE SIMMONS (#277416) v. KEVIN BENJAMIN

Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Oct 30, 2012

Citations

CIVIL ACTION NUMBER 12-477-BAJ-SCR (M.D. La. Oct. 30, 2012)