Estes v. Varnedo et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS 6 ; ORDERED that plaintiff's 5 motion to dismiss is GRANTED and that his complaint be DISMISSED WITHOUT PREJUDICE. FURTHER ORDERED that this Court's previous order directing the Warden of the Nelson Coleman Correctional Center to collect funds from plaintiff's inmate account to pay the filing fee in this matter is RESCINDED and that no further action be taken to collect the filing fee. Signed by Judge Ivan L.R. Lemelle on 5/30/2013. (NEF-Financial; 1cc-Warden)(blg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DERRICK ESTES

CIVIL ACTION

VERSUS

NO. 13-723

L. VARNEDO

SECTION “B” (1)
ORDER

The Court, having considered the complaint, the record, the
applicable law, the Report and Recommendation of the United States
Magistrate Judge, and the failure of any party to file an objection
to

the

approves

Magistrate
the

Report

Judge’s
and

Report

and

Recommendation

Recommendation,
of

the

United

hereby
States

Magistrate Judge and adopts it as its opinion in this matter.
Therefore,
IT IS ORDERED that plaintiff’s motion to dismiss is GRANTED
and that his complaint be DISMISSED WITHOUT PREJUDICE.
IT

IS

FURTHER

ORDERED

that

this

Court’s

previous

order

directing the Warden of the Nelson Coleman Correctional Center to
collect funds from plaintiff’s inmate account to pay the filing fee

in this matter is RESCINDED and that no further action be taken to
collect the filing fee.
New Orleans, Louisiana, this 30th day of May, 2013.

______________________________
UNITED STATES DISTRICT JUDGE
___________________________________________
CLERK TO NOTIFY:
Financial
and
Warden
Nelson Coleman Correctional Center
5061 Highway 3127
Killona, LA 70057
ATTN: Inmate Banking
AND ALL PARTIES TO CAPTIONED ACTION