Emerson v. United States of America et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 . Signed by Judge Mary Ann Vial Lemmon on 5/16/2012. (NEF: MAG-3)(caa, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
TINA M. EMERSON

CIVIL ACTION

VERSUS

NO. 12-884

UNITED STATES OF AMERICA, ET AL.

SECTION: “S”(3)

ORDER
The Court, having considered the complaint, the record, the applicable law, the Report and
Recommendation of the United States Magistrate Judge, and the plaintiff’s objection to the
Magistrate Judge’s Report and Recommendation, 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 plaintiff’s complaint is DISMISSED WITH PREJUDICE as
frivolous, for failing to state a claim on which relief may be granted and/or for seeking monetary
damages against defendants who are immune from such relief, because the United States is entitled
to sovereign immunity and Judges Barbier and Shushan are entitled to absolute judicial immunity.1

1

Plaintiff filed the following motions in addition to the objection to the report and recommendation:
(1) Motion to File a Successive Habeas Corpus Petition (Doc. #6);
(2) Motion to Stay (Doc. #6);
(3) Motion to Obtain an Application for § 2254 (Doc. #6);
(4) Motion for the Entire State Court Record (Doc. #6);
(5) Motion for Appointment of Counsel (Doc. #6);
(6) Motion to Dismiss the Motion to Stay, Alternatively Motion to Rename
the Relief Sought, which reiterates the requests for another successive
habeas corpus petition and the entire state court record; requests the entire
federal court records; challenges the constitutionality of Louisiana Revised
Statutes § 14:89 (Doc. #7); and
(7) Motion to Release the Prisoner (Doc. #8).

Because the above-captioned matter is dismissed as frivolous, theses motions are rendered moot. This ruling
does not impact the plaintiff’s ability to challenge La. Rev. Stat. § 14:89's sex-offender registration
requirement in an appropriate proceeding. See Doe v. Jindal, 2012 WL 1068776 (E.D. La. 3/29/2012)
(Feldman, J.)

Hello This is a Test

16th
May
New Orleans, Louisiana, this ______ day of __________________, 2012.

___________________________________
UNITED STATES DISTRICT JUDGE