Harmon et al v. Vermillion Parish Clerk of Records et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS 18 . IT IS ORDERED that all federal claims in plaintiffs complaint are hereby DISMISSED WITH PREJUDICE as legally frivolous and/or for failure to state a claim and because he asserts claims against immune d efendants under 28 U.S.C. § 1915(e)(2). In addition, to whatever extent, if any, that plaintiff asserts state law claims, those claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that plaintiffs (1) Motion for Temporary Restraining Order, 8 ; (2) Motion for Intervention by the United States Attorney General, Eric Holder, 9 ; (3) Motion for Leave to File Motion for Extraordinary Writ of Mandamus to Compel Attorney General Eric Holder to do His Duty Owed to Plaintiff, 11 ; and (4) Motion for Leave to File Application for Under Color-of-Title Act, 12 are DISMISSED AS MOOT. Signed by Judge Susie Morgan.(bwn)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ELDRIDGE J. HARMON CIVIL ACTION VERSUS NO. 14-1403 STATE OF LOUISIANA ET AL. SECTION “E”(2) 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 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 all federal claims in plaintiff’s complaint are hereby DISMISSED WITH PREJUDICE as legally frivolous and/or for failure to state a claim and because he asserts claims against immune defendants under 28 U.S.C. § 1915(e)(2). In addition, to whatever extent, if any, that plaintiff asserts state law claims, those claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that plaintiff’s (1) Motion for Temporary Restraining Order, Record Doc. No. 8; (2) “Motion for Intervention by the United States Attorney General, Eric Holder,” Record Doc. No. 9; (3) Motion for Leave to File Motion for Extraordinary Writ of Mandamus to Compel Attorney General Eric Holder to do His Duty Owed to Plaintiff, Record Doc. No. 11; and (4) Motion for Leave to File “Application for Under Color-of-Title Act,” Record Doc. No. 12, are DISMISSED AS MOOT. New Orleans, Louisiana, this 14th day of November, 2014. _______________ _________ _________ UNITED STATES DISTRICT JUDGE

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