Kimble v. Connick et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS 7 ; ORDERED that Plaintiff's section 1983 claims against defendants Paul Connick, Jr., and Detective Stanley Brown (Rec. Doc. 3) are DISMISSED WITH PREJUDICE. FURTHER ORDERED that Plaintiff's se ction 1983 claims against Jefferson Parish are DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 41(a). FURTHER ORDERED that Plaintiff's Motion to Amend (Rec. Doc. 6) is DENIED. FURTHER ORDERED that Plaintiff's Second Motion to Amend (Rec. Doc. 8) is DENIED as moot. Signed by Judge Carl Barbier on 7/1/14.(sek)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
KIMBLE

CIVIL ACTION

VERSUS

NO: 14-625

CONNICK ET AL.

SECTION: "J” (4)
ORDER

The Court, having considered the record, the applicable law,
and the Report and Recommendation of the United States Magistrate
Judge (Rec. Doc. 7), hereby approves the Report and
Recommendation of the United States Magistrate Judge and adopts
it as its opinion herein.

Accordingly,

IT IS HEREBY ORDERED that Plaintiff's § 1983 claims against
defendants Paul Connick, Jr., and Detective Stanley Brown (Rec.
Doc. 3) are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff's § 1983 claims against
Jefferson Parish are DISMISSED WITHOUT PREJUDICE pursuant to Fed.
R. Civ. P. 41(a).1
IT IS FURTHER ORDERED that Plaintiff's Motion to Amend (Rec.

1

Although the Report and Recommendation recommended that this claim be
dismissed with prejudice, a plaintiff's voluntary dismissal requested before a
defendant files either an answer or a motion for summary judgment should be
without prejudice under Fed. R. Civ. P. 41(a).

Doc. 6) is DENIED.
IT IS FURTHER ORDERED that Plaintiff's Second Motion to
Amend (Rec. Doc. 8) is DENIED as moot.
New Orleans, Louisiana this 1st day of July, 2014.

CARL J. BARBIER
UNITED STATES DISTRICT JUDGE