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Hamdan v. Cain

United States District Court, M.D. Louisiana

June 2, 2015

KALED HAMDAN #374052
v.
BURL CAIN, ETAL

RULING

SHELLY D. DICK, DISTRICT JUDGE

The Court has carefully considered the Complaint[1], the record, the law applicable to this action, and the Report and Recommendation[2] of United States Magistrate Judge Stephen C. Riedlinger dated April 13, 2015. Plaintiff has filed an Objection[3] which the Court has also considered.

The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein.

Accordingly, the Defendants' Motion to Dismiss[4] is granted and the claims against Warden Burl Cain, Cecil Hilburn, Charles Boudreaux, and Michelle Diaz are dismissed, pursuant to 28 U.S.C. §1915(e)(2)(B)(i) and (ii), and without leave to further amend the Complaint because there is no conceivable, non-frivolous federal claim Plaintiff could assert against these Defendants consistent with the facts alleged in his original and amended complaints. Further, this matter is referred back to the Magistrate Judge for further proceedings.


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