Opinion
CIVIL ACTION NO. 13-0788-JWD-RLB
09-05-2014
JODY SWAFFORD (#555956) v. BURL CAIN, ET AL.
OPINION
After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report to which an objection was filed:
IT IS ORDERED that this action shall be dismissed as legally frivolous and for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(g) and 1915A.
Note that 28 U.S.C. § 1915(g) provides that, "[i]n no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section 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."
Judgment shall be entered accordingly.
Signed in Baton Rouge, Louisiana, on September 5, 2014.
/s/_______
JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA