Robert Kevin McCartney v. George McCormick

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

09-30

ROBERT KEVIN MCCARTNEY, ET AL.

VERSUS

GEORGE MCCORMICK, ET AL.

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APPEAL FROM THE
NINTH JUDICIAL DISTRICT COURT
PARISH OF RAPIDES, NO. 225,011
HONORABLE F. RAE SWENT, DISTRICT JUDGE

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PER CURIAM

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Court composed of John D. Saunders, Michael G. Sullivan, and Elizabeth A. Pickett,
Judges.

AFFIRMED.

Robert Kevin McCartney
Pro Se
DWCC H5B
670 Bell Hill Road
Homer, Louisiana 71040
Plaintiff/Appellant

William M. Ford
Attorney at Law
Post Office Box 12424
Alexandria, Louisiana 71315-2424
(318) 442-8899
Counsel for Defendant/Appellee:
Estate of Dr. George McCormick and
Susan McCormick, Executrix

John Franklin Weeks, II
Lloyd Fred Schroeder
Ursy, Weeks & Matthews
1615 Poydras Street, Suite 1250
New Orleans, Louisiana 70112
(504) 592-4600
Counsel for Defendants/Appellees:
Rapides Parish Sheriff Charles F. Wagner, Jr. (as successor to former
Sheriff Earl Hilton)
Clyde Terral
Michael Villard

Robert L. Bussey
Assistant District Attorney
Post Office Box 307
Alexandria, Louisiana 71309-0307
(318) 449-1937
Counsel for Defendants/Appellees:
Rapides Parish District Attorney’s Office
Clifford Royce Strider, III
James Buck
Charles Wagner
James Downs

Aubrey McCartney
Elaine McCartney
Pro Se
Post Office Box 411
Tioga, Louisiana 71477
Plaintiffs/Appellants

PER CURIAM.

Plaintiffs, Robert Kevin McCartney, Aubrey McCartney, and Elaine

McCartney, all of whom appear in proper person, appeal the October 28, 2008

judgment of the trial court, which, for various reasons, including La.R.S. 15:1184(B),1

dismissed all of the plaintiffs’ claims against all of the defendants with prejudice.

We have thoroughly examined the assignments of error alleged in the

plaintiffs’ brief and none have any merit. Accordingly, the judgment of the trial court

is affirmed in its entirety at plaintiffs’ cost.

AFFIRMED.

This opinion is NOT DESIGNATED FOR PUBLICATION.
Uniform Rules—Courts of Appeal, Rule 2–16.3.

1
Louisiana Revised Statutes 15:1184(B), which is part of the Prison Litigation Reform Act,
provides, in pertinent part, that:

The court, on its own motion or on the motion of a party, shall dismiss any
prisoner suit if the court is satisfied that the action is frivolous, is malicious, fails to
state a cause of action, seeks monetary relief from a defendant who is immune from
such relief, or fails to state a claim upon which relief can be granted. If the court
makes a determination to dismiss the suit based on the content, or lack thereof, of the
petition, the court may dismiss the underlying claim without first requiring the
exhaustion of administrative remedies.

1