Trahan v. Federal Bureau of Investigation et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS 7 ; Also, the Court has received Plaintiff's letter, filed June 23, 2014 (Rec. Doc. 8), which the Court construes as an additional Motion for Leave to Proceed in Forma Pauperis. Accordingly, IT IS HE REBY ORDERED that Plaintiff's Complaint (Rec. Doc. 1), insofar as it can be construed as a request for habeas corpus relief, is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies. IT IS FURTHER ORDERED that Plainti ff's Motion to Amend Complaint to add claims under the Whistleblower Protection Act and the Federal Tort Claims Act (Rec. Doc. 6) is hereby GRANTED. FURTHER ORDERED that Plaintiff's claims under Section 1983, the Whistleblower Protection Act, and the Federal Tort Claims Act are hereby DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted. FURTHER ORDERED that Plaintiff's Motions for Docket Number and In Forma Pauperis Status (Rec. Docs. 5 & 8) are hereby DENIED AS MOOT because Plaintiff's case was duly given a docket number at the time it was allotted and Plaintiff's application to proceed in forma pauperis was granted on May 14, 2014 (Rec. Doc. 3). FURTHER ORDERED that Plaintiff 's Motion to Seal Case (Rec. Doc. 4) is hereby DENIED for the reasons provided by the United States Magistrate Judge, and the record of this proceeding shall be UNSEALED. Plaintiff's related requests for copies to be made of alleged death threats are hereby DENIED. Signed by Judge Carl Barbier on 7/14/14.(sek)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

NORMAN PAUL TRAHAN

CIVIL ACTION

VERSUS

NO.

FEDERAL BUREAU OF INVESTIGATION,
ET AL

SECTION:

14-1068
J

O R D E R
The Court, having considered the Complaint, the record, the
applicable law, the Report and Recommendation of the United States
Magistrate Judge (Rec. Doc. 7), and the failure of any party to
file

a

timely

objection,

hereby

APPROVES

the

Report

and

Recommendation of the United States Magistrate Judge and adopts it
as its opinion in this matter.
Additionally, the Court has received Plaintiff's letter, filed
June 23, 2014 (Rec. Doc. 8), which the Court construes as an
additional Motion for Leave to Proceed in Forma Pauperis.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff's Complaint (Rec. Doc. 1),
insofar as it can be construed as a request for habeas corpus
relief, is DISMISSED WITHOUT PREJUDICE for failure to exhaust
available state court remedies.
IT

IS

FURTHER

ORDERED

that

Plaintiff's

Motion

to

Amend

Complaint to add claims under the Whistleblower Protection Act and
the Federal Tort Claims Act (Rec. Doc. 6) is hereby GRANTED.
IT IS FURTHER ORDERED that Plaintiff's claims under Section
1983, the Whistleblower Protection Act, and the Federal Tort Claims
Act are hereby DISMISSED WITH PREJUDICE for failure to state a
claim upon which relief can be granted.
IT IS FURTHER ORDERED that Plaintiff's Motions for Docket
Number and In Forma Pauperis Status (Rec. Docs. 5 & 8) are hereby
DENIED AS MOOT because Plaintiff's case was duly given a docket
number at the time it was allotted and Plaintiff's application to
proceed in forma pauperis was granted on May 14, 2014 (Rec. Doc.
3).
IT IS FURTHER ORDERED that Plaintiff's Motion to Seal Case
(Rec. Doc. 4) is hereby DENIED for the reasons provided by the
United States Magistrate Judge, and the record of this proceeding
shall be UNSEALED. Plaintiff's related requests for copies to be
made of alleged death threats are hereby DENIED.
New Orleans, Louisiana, this 14th day of July, 2014.

______________________________
CARL J. BARBIER
UNITED STATES DISTRICT JUDGE