Dauzat v. Carter et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS 22 . ORDERED that pla's 42 USC § 1983 claims against defendant Warden Robert Tanner are dismissed with prejudice. FURTHER ORDER granting in part and denying in part 19 Motion to dismiss. Signed by Judge Helen G. Berrigan on 4/30/2015.(kac)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JOSEPH DAUZAT

CIVIL ACTION

VERSUS

NO:

BESSIE CARTER, ET AL.

SECTION: “C” (4)

14-0239

ORDER
The Court, having considered the record, the applicable law, the Report and
Recommendation of the United States Magistrate Judge, and the failure of the plaintiff to file an
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 the plaintiff Joseph Dauzat’s 42 U.S.C. § 1983 claims against the
defendant, Warden Robert Tanner, are DISMISSED WITH PREJUDICE as frivolous and for
failure to state a claim for which relief can be granted pursuant to 28 U.S.C. §§ 1915(e), 1915A,
and 42 U.S.C. § 1997e.
IT IS FURTHER ORDERED that the Motion to Dismiss (R. Doc. 19) filed by Dr.
Casey McVea, Nurse Laura Buckley, and Bessie Carter is DENIED in part and GRANTED in
part. The motion is DENIED as to Dauzat’s claims for monetary relief against Dr. Casey
McVea, Nurse Laura Buckley, and Bessie Carter in their individual capacity and claims for
injunctive relief in their official capacity, and is GRANTED as to Dauzat’s claims against Dr.
Casey McVea, Nurse Laura Buckley, and Bessie Carter for monetary damages in their official
capacity.
New Orleans, Louisiana, this 30th day of April, 2015.

____________________________________
UNITED STATES DISTRICT JUDGE