Davis v. Lopinto ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA LARRY DAVIS CIVIL ACTION VERSUS NO. 22-2521 JOSEPH LOPINTO SECTION: D (3) ORDER AND REASONS The Court, having considered de novo Plaintiff Larry Davis’ 42 U.S.C. § 1983 Complaint,! the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge,” and the failure of the Plaintiff to file any objection to the Report and Recommendation,? hereby approves the Report and Recommendation and adopts it as its opinion in this matter. In doing so, the Court notes that it has construed Plaintiff Larry Davis’ pro se pleading liberally.4 IT IS HEREBY ORDERED that Plaintiff's 42 U.S.C. § 1983 claims alleged in the Complaint® against Defendant, Joseph Lopinto, are DISMISSED, with prejudice, pursuant to 28 U.S.C. §§ 1915(e), 1915A as frivolous and for failing to state a claim on which relief may be granted, for the reasons stated in the Report and Recommendation. New Orleans, Louisiana, October 6,,2022. Ody & Voir WENDY B. VITTER United States District Judge TR. Doc. 1. Doe. 6. 3 Objections were due September 22, 2022. Because Plaintiff is proceeding pro se, the Court has allowed additional time for objections. None have been filed as of the date of this Order. : eanan v. United States, 912 F.3d 824, 828 (5th Cir. 2019).