Summary
finding the allegations of an officer poking the plaintiff with a nightstick, slapping him two to three times across the face, and shoving him into the wall did not present a physical injury
Summary of this case from Brown v. MastroOpinion
CIVIL ACTION NO. 13-0128-CG-M
12-09-2013
DAVID McDONALD, AIS # 252206, Plaintiff, v. OFFICER NEAL, Defendant.
JUDGMENT
In accordance with the Order entered this date, it is ORDERED, ADJUDGED, and DECREED that this action be and is hereby DISMISSED, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii), with the damages claims being dismissed without prejudice for failure to state a claim upon which relief can be granted and the injunctive relief claims being dismissed with prejudice as frivolous.
Callie V. S. Granade
UNITED STATES DISTRICT JUDGE