Tyson v. LeBlanc et al

Filing 96

ORDER ADOPTING REPORT AND RECOMMENDATIONS 87 . ORDERED that Plaintiffs pending motions, including those denominated as a motion and those otherwise titled that seek any form of relief, are denied. These motions are: plaintiff's 56 MOTION for Judgment on the Pleadings; 57 MOTION for Judgment on the Pleadings; 66 MOTION for Declaratory and Prospective Injunctive Relief; 69 MOTION for Summary Judgment; 81 Notice of Objections; 82 Document in Support of Summary Judgment; 83 Amen ded MOTION for Summary Judgment; 84 Notice of Voluntary Compliance in Part; and 85 Request Preservation of All Objection. FURTHER ORDERED that defendant's 73 MOTION for Summary Judgment is GRANTED and plaintiff's complaint is DISMISSED WITH PREJUDICE. FURTHER ORDERED that plaintiff's 89 MOTION to Amend/Correct 1 Complaint is DENIED. Signed by Judge Helen G. Berrigan on 12/15/10.(plh, )

Tyson v. LeBlanc et al

Doc. 96

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ANTONIO D. TYSON VERSUS JAMES LEBLANC ET AL. ORDER The Court, having considered the Complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, the Plaintiff's objections to the Magistrate Judge's Report and Recommendation, and the Plaintiff's sworn testimony from the Spears hearing held by the Magistrate Judge, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Accordingly, IT IS ORDERED that Plaintiff's pending motions, including those denominated as a motion and those otherwise titled that seek any form of relief, are denied. These motions are Plaintiff's (1) Motion for Judgment on the Pleadings, Record Doc. No. 56; (2) Motion for Judgment on the Pleadings, Record Doc. No. 57; (3) Request for Declaratory and Prospective Injunctive Relief, Record Doc. No. 66; (4) Motion for Summary Judgment, Record Doc. No. 69; (5) Notice of Objections, Record Doc. No. 81; (6) Document in Support of Summary Judgment, Record Doc. No. 82; (7) Amended Motion for Summary Judgment, Record Doc. No. 83; (8) Notice of Voluntary Compliance in Part, Record Doc. No. 84, and (9) Request Preservation of All Objection, Record Doc. No. 85. IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment is GRANTED, Record Doc. 73, and Plaintiff's Complaint is hereby DISMISSED WITH PREJUDICE. CIVIL ACTION NO. 10-1174 SECTION "C" (2)

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IT IS FURTHER ORDERED that Plaintiff's Motion to Amend his Complaint is DENIED. Record Doc. 89. The Magistrate has ordered no further amendments to Plaintiff's Complaint absent good cause shown, Record Doc. 52, and Plaintiff has not shown good cause to allow the amendment. New Orleans, Louisiana, this 15th day of December, 2010.

____________________________________ HELEN G. BERRIGAN UNITED STATES DISTRICT JUDGE

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