Spikes v. Seal et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 - IT IS ORDERED that the claim against Sheriff Randy Seal for authorizing the searches and the vicarious liability claim against Seal arising from the dog bite be DISMISSED WITH PREJUDICE as frivolous and/or for failing to state a claim on which relief may be granted. It is FURTHER ORDERED that the claims against District Attorney Walter Reed and Assistant District Attorney Leanne Wahl be DISMISSED WITH PREJUDICE as frivolous for failing to state a claim on which relief may be granted, and/or for seeking monetary damages against a defendant who is immune from such relief. It is FURTHER ORDERED that the false arrest claim against Sheriff Randy Seal and the claims against Warden Jim Miller and Deputy Sheriff Kendell Temple be STAYED until Spike's criminal charge is resolved. It is FURTHER ORDERED that the Clerk of Court be directed to mark this action CLOSED for statistical purposes. It is FURTHER ORDERED that the Court retains jurisd iction over the stayed claims and that the case be restored to the trial docket upon plaintiff's motion once his criminal proceedings are concluded, so that the claims may proceed to final disposition.. Signed by Chief Judge Sarah S. Vance on 4/24/15.(jjs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JAMES JERROD SPIKES

CIVIL ACTION

VERSUS

NO: 14-2246

RANDY SEAL, ET AL.

SECTION: R(1)
ORDER AND REASONS

Before the Court is plaintiff James Spikes’s complaint,1 the
Magistrate

Judge’s

Report

and

Recommendation,2

and

Spikes’s

objections to the Report and Recommendation.3 The Magistrate judge
recommends that Spikes’s claims against Sheriff Randy Seal for
authorizing searches and for vicarious liability against Seal
arising from a dog bite be dismissed with prejudice as frivolous
and/or for failing to state a claim for which relief may be
granted; that Spikes’s claims against District Attorney Walter Reed
and

Assistant

District

Attorney

Leanne

Wahl

be

dismissed

as

frivolous for failing to state a claim on which relief may be
granted, and/or for seeking monetary damages against defendants who
are immune from such relief; and that Spikes’s false arrest claim
against Sheriff Randy Seal and the claims against Warden Jim Miller
and Deputy Sheriff Kendell Temple be stayed until Spikes’s state
criminal charge is resolved.

The Court, having reviewed de novo

Spikes's complaint, the record, the applicable law, the Magistrate

1

R. Doc. 1.

2

R. Doc. 8.

3

R. Doc. 10.

Judge's Report and Recommendation, and Spikes's objections to the
Report and Recommendation, approves the Report and Recommendation
and adopts it as its opinion, with the addition of the following
discussion.
In his objections, Spikes does not challenge the precedent
cited by the Magistrate Judge or raise any arguments disputing the
Magistrate

Judge's

analysis.

Instead,

allegations set forth in his complaint.

he

simply

reiterates

The Magistrate Judge

adequately addressed each of these allegations, and the Court need
not reiterate her analysis.
Accordingly, IT IS ORDERED that the claim against Sheriff
Randy Seal for authorizing the searches and the vicarious liability
claim against Seal arising from the dog bite be DISMISSED WITH
PREJUDICE as frivolous and/or for failing to state a claim on which
relief may be granted.
It

is

FURTHER

ORDERED

that

the

claims

against

District

Attorney Walter Reed and Assistant District Attorney Leanne Wahl be
DISMISSED WITH PREJUDICE as frivolous for failing to state a claim
on which relief may be granted, and/or for seeking monetary damages
against a defendant who is immune from such relief.
It is FURTHER ORDERED that the false arrest claim against
Sheriff Randy Seal and the claims against Warden Jim Miller and
Deputy Sheriff Kendell Temple be STAYED until Spike's criminal
charge is resolved.

2

It is FURTHER ORDERED that the Clerk of Court be directed to
mark this action CLOSED for statistical purposes.
It is FURTHER ORDERED that the Court retains jurisdiction over
the stayed claims and that the case be restored to the trial docket
upon

plaintiff's

motion

once

his

criminal

proceedings

are

concluded, so that the claims may proceed to final disposition.

New Orleans, Louisiana, this 24th day of April, 2015.
_____________________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

3