Davis v. Winnfield Correctional Facility et al, No. 1:2008cv00938 - Document 15 (W.D. La. 2009)

Court Description: JUDGMENT ADOPTING IN PART 10 Report and Recommendation: Having determined that the findings and recommendations are, in part, correct under the applicable law and in accordance with the Memorandum ruling this date; it is ORDERED that those claims r egarding the alleged improper administration of penicillin in plaintiff's complaint are DENIED and DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim for which relief can be granted pursuant to 28 U.S.C. Section 1915(e)(2)(b). Plaintiff's claims regarding failure to provide adequate medical treatment are, for the present, preserved. Signed by Judge Dee D Drell on 03/24/09. (crt,Harrison, U)