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, )

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

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