McCartney v. Lestage

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
THOMAS ALLEN MCCARTNEY (#569174) CIVIL ACTION
VERSUS NO. 26-258-JWD-RLB
BRIAN S. LESTAGE
OPINION
After independently reviewing the entire record in this case and for the reasons set
forth in the Magistrate Judge's Report dated September 15, 2026, (Doc. 7), to which an
objection was filed and considered (Doc. 8);
IT IS ORDERED that this action shall be dismissed, with prejudice, for failure to state
a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e) and 1915A,1 and
that the Court declines to exercise supplemental jurisdiction over any potential state law
claims.
Judgment shall be entered accordingly.
Signed in Baton Rouge, Louisiana, on October 8, 2026.
1 The plaintiff is advised that 28 U.S.C. § 1915(g) provides that, “In no event shall a prisoner bring a
civil action or appeal a judgment in a civil action or proceeding under this section [Proceedings in
forma pauperis] if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in
any facility, brought an action or appeal in a court of the United States that was dismissed on the
grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless
the prisoner is under imminent danger of serious physical injury.”
S
Case 3:26-cv-00258-JWD-RLB Document 9 10/08/26 Page 1 of 1