U.S. Court of Appeals for the Eleventh Circuit, 2020

Ricky Lamar Hogan v. State

Ricky Lamar Hogan v. State
U.S. Court of Appeals for the Eleventh Circuit · Decided July 20, 2020

Ricky Lamar Hogan v. State

Opinion

Case: 20-11278 Date Filed: 07/20/2020 Page: 1 of 3

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-11278 Non-Argument Calendar ________________________ D.C. Docket No. 1:20-cv-00244-AT

RICKY LAMAR HOGAN, Plaintiff-Appellant,

versus

THE STATE OF GEORGIA, a governmental municipality corporation continuous criminal enterprise through Racketeering activities, being sued individually and within its official capacity as a state of Georgia, Government Municipality Corporation and etc., MEADOWS REGIONAL MEDICAL CENTER, GEORGIA DEPARTMENT OF CORRECTIONS, DR. JOSEPH PAUL GILES, MD, Defendants-Appellees.

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________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (July 20, 2020) Before WILLIAM PRYOR, Chief Judge, GRANT and LUCK, Circuit Judges.

PER CURIAM: Ricky Hogan, a Georgia prisoner, appeals pro se the sua sponte dismissal of his complaint that the State of Georgia and over 30 public officials and employees conspired to implant an experimental tracking device in his body in violation of the Eighth Amendment. 42 U.S.C. § 1983. Hogan argues that the district court abused its discretion when it denied his motion for a preliminary injunction without an evidentiary hearing, failed to grant him leave to amend his complaint, and dismissed his complaint as frivolous. We affirm.

The district court did not abuse its discretion. Hogan alleged no facts that would support his “wildly implausible” claim that he had been implanted with an experimental tracking device or that the defendants had conspired to implant such a device. Miller v. Donald, 541 F.3d 1091, 1100 (11th Cir. 2008). Hogan’s complaint of a vast conspiracy to engage in illegal medical experimentation is patently frivolous. The district court committed no error when it denied Hogan’s

Case: 20-11278 Date Filed: 07/20/2020 Page: 3 of 3

motion for a preliminary injunction without an evidentiary hearing and dismissed his complaint without granting him leave to amend.

AFFIRMED.

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