Opinion
CIVIL ACTION NO. 16-0130-JWD-EWD
04-11-2016
NATE WALKER (#433462) v. DARREL VANNOY, WARDEN, ET AL.
OPINION
After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report issued March 22, 2016, to which no objection was filed:
IT IS ORDERED that the Plaintiff's action is dismissed 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, without prejudice to the Plaintiff's right to seek habeas corpus relief.
The Plaintiff is advised 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." --------
Signed in Baton Rouge, Louisiana, on April 11, 2016.
/s/ _________
JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA