Ware v. Tanner et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 12 . Signed by Judge Martin L.C. Feldman on 10/10/2013. (NEF: MAG-4)(caa, )

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA TRAVIS DWANYE WARE CIVIL ACTION VERSUS NO. 12-2250 ROBERT C. TANNER, CASEY MCVEA, MICHAEL HARRELL, JOSH GOFF, DONNA TOUCHSTONE SECTION “F” (4) ORDER The Court, having considered the record, the applicable law, the Partial Report and Recommendation of the United States Magistrate Judge, and the failure of the plaintiff to file an objection to the Magistrate Judge’s Partial Report and Recommendation, hereby approves the Partial Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that Travis Dwanye Ware’s 42 U.S.C. § 1983 claims against the defendants, Warden Robert Tanner, Major Michael Harrell, Josh Goff, and Master Sergeant Donna Touchstone, are DISMISSED WITH PREJUDICE as frivolous and otherwise fail to state a claim for which relief can be granted pursuant to 28 U.S.C. § 1915(e) and § 1915A and 42 U.S.C. § 1997e. IT IS FURTHER ORDERED that Ware’s § 1983 claims of cruel and unusual punishment under the Eighth Amendment against the defendant, Dr. Casey McVea, are DISMISSED WITH PREJUDICE as frivolous and otherwise fail to state a claim for which relief can be granted pursuant to 28 U.S.C. § 1915(e) and § 1915A and 42 U.S.C. § 1997e. IT IS FURTHER ORDERED that Ware’s requests for injunctive relief seeking a transfer to another facility, criminal charges to be brought against the defendants, and termination of the defendants from their employment at the prison are DENIED. IT IS FURTHER ORDERED that Dr. McVea SHALL file an answer or responsive pleading to Ware’s § 1983 claims seeking monetary relief for retaliation and denial of medical care within thirty (30) days from theThis isof Testorder. Hello entry a this 10th October New Orleans, Louisiana, this ______ day of _____________________, 2013. ____________________________________ UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?