Opinion
CIVIL ACTION NO. 19-441-JWD-SDJ
06-09-2020
EARTON SMITH (#305982) v. DONNA U. GRODNER
OPINION
After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report (Doc. 5) dated May 19, 2020, to which no objection was filed,
IT IS ORDERED that this Court declines to exercise of supplemental jurisdiction over Smith's potential state law claims and that this matter is DISMISSED WITH PREJUDICE, as legally frivolous and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e) and 1915A.
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." --------
Judgement shall be entered accordingly.
Signed in Baton Rouge, Louisiana, on June 9, 2020.
/s/ _________
JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA