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)
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Davis v. Winnfield Correctional Facility et al Doc. 15 Att. U.S. DISTRICT COURt ~ES7EPN 3~5TRCT LOUISIANA OF RECEiVED - ALEXANDRIA MAR 252009 ROBERT H.SHEI~4fLERK BY DERJTY UNiTED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION DERRICK DAVIS (DOC #126965) CIVIL DOCKET NO. 1:08-cv-00938; SEC. P -vs- JUDGE DRELL WINN CORRECTIONAL CENTER, et al MAGISTRATE JUDGE KIRK JUDGMENT For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein and after a de nono review of the record, including the objections filed by the plaintiff, having determined that the findings and recommendations are, in part, correct under the applicable law, and in accordance with the Memorandum Ruling today; IT IS ORDERED that those claims regardingthe alleged improper administration of penicillin in Plaintiff’s civil rights complaint be and is hereby 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. § 19 1S(e)(2)(b). Plaintiffs claims regarding failure to provide adequate medical treatment are, for the present1 preserved. THUS DONE AND SIGNED in Chambers at Alexandria, Louisiana, on March T.—’--- ,2009. ~ DEE D. DRELL UNITED STATES DISTRICT JUDGE Dockets.Justia.co
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