Reynolds v. Griffin ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA DASHONE MARCEL REYNOLDS CIVIL ACTION VERSUS NO. 22-1305 LT. GRIFFIN, ET AL. SECTION “R” (2) ORDER Plaintiff’s complaint alleging claims under 42 U.S.C. § 1983 was referred to Magistrate Judge Donna Phillips Currault for a Report and Recommendation (“R&R”) and to conduct an evidentiary hearing if necessary. Magistrate Judge Currault conducted a Spears hearing, reviewed the complaint sua sponte for frivolousness under 28 U.S.C. § 1915(e)(2) and § 1915A and 42 U.S.C. § 1997e(c), and recommended dismissal of plaintiff’s claims as frivolous and otherwise without merit.1 Plaintiff did not object to the R&R. Therefore, this Court reviews the R&R for clear error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1); see also Fed. R. Civ. P. 72(b) advisory committee’s note (1983) (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”). The 1 R. Doc. 13. Court finds no clear error. Therefore, the Court adopts Magistrate Judge Currault’s R&R as its opinion. Accordingly, the Court orders plaintiffs complaint DISMISSED WITH PREJUDICE as to all defendants. New Orleans, Louisiana, this 13th day of December, 2022. _Lerak Varvee_ SARAH S. VANCE UNITED STATES DISTRICT JUDGE