Duplessis v. New Orleans City

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS 11 ; FURTHER ORDERED that the 4 8 Motions for Summary Judgment and 9 Motion to Amend the Petition are DENIED as moot.. Signed by Judge A. J. McNamara on 11/18/09.(gbw, ) (NEF: Mag. Roby)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA RAGILLE HARRY DUPLESSIS VERSUS THE CITY OF NEW ORLEANS CIVIL ACTION NO. 09-4150 SECTION "D" (4)

ORDER Having considered the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the objection and supplemental objection to the Magistrate Judge's Report and Recommendation filed by Plaintiff on August 7, 2009 and August 11, 2009, respectively, (Rec. Doc. Nos. 12 and 13), the court hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that, because the instant Title 42 U.S.C. § 1983 complaint filed by the Plaintiff, Ragille Harry Duplessis, against the City of New Orleans is duplicative of another pending pending suit, No. 08-5149, filed by Plaintiff, the instant complaint is "malicious" under Title 28 U.S.C. § 1915(e)(2)(B) and § 1915A, and thus this instant suit, No. 09-4150, is DISMISSED WITHOUT PREJUDICE to Plaintiff's prosecution of No. 08-5149; otherwise, the instant suit, No. 09-4150, is DISMISSED WITH PREJUDICE. Pittman v. Moore, 980 F.2d 994, 995 (5th Cir. 1993); and

IT IS FURTHER ORDERED that the Motions for Summary Judgment (Rec. Doc. Nos. 4 and 8) and Motion to Amend the Petition (Rec. Doc. No. 9) filed by the Plaintiff, Ragille Harry Duplessis, are DENIED as moot. New Orleans, Louisiana, this 18th day of August, 2009.

____________________________________ UNITED STATES DISTRICT JUDGE A. J. MCNAMARA