Opinion
Civil Action 22-00490-BAJ-RLB
03-08-2023
GLENN DAMOND #394537 v. CITY OF BATON ROUGE, ET AL.
RULING AND ORDER
BRIAN A. JACKSON, JUDGE.
Plaintiff, an inmate currently confined at the Catahoula Correctional Center in Harrisonburg, Louisiana, has now submitted his eighth lawsuit challenging the conditions of his pretrial detention at the East Baton Rouge Parish prison from December 2019 to January 2021. All of Plaintiffs prior lawsuits have been dismissed-four voluntarily, one as duplicative, one for failure to state a claim, and one at summary judgment. Notably, on January 3, 2022, the U.S. Court of Appeals for the Fifth Circuit dismissed Plaintiffs appeal of one of these earlier lawsuits as frivolous, expressly warning Plaintiff that “any pending or future frivolous or repetitive filings in this court or any court subject to this court's jurisdiction may subject him to additional sanctions.” Damond v. Gautreaux, et al., No.:20-cv-00550-JWD-RLB, Doc. 40 at p. 3 (emphasis added).
Disregarding this warning, Plaintiff initiated this action on July 18, 2022, retreading essentially the same ground as his seven prior lawsuits. (Doc. 1). Pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A, the Magistrate Judge has now issued a Report and Recommendation (Doc. 6, the “R&R”), recommending that Plaintiffs renewed federal claims be dismissed as malicious, because they are duplicative of failed claims asserted in Plaintiffs prior lawsuits, and further recommending that the Court decline to exercise supplemental jurisdiction over any potential state law claims. (Id.). Plaintiff objects to the R&R. (Doc. 7).
Upon de novo review, the Court APPROVES the R&R and ADOPTS it as the Court's opinion in this matter. Accordingly, IT IS ORDERED that Plaintiffs federal claims be and are hereby DISMISSED WITH PREJUDICE as malicious pursuant to 28 U.S.C. §§ 1915(e) and 1915A.
IT IS FURTHER ORDERED that the Court declines to exercise supplemental jurisdiction over Plaintiffs potential state law claims.
Judgment shall issue separately.