Moses v. Jefferson Parish et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 , Jefferson Parish terminated., ORDER STAYING and STATISTICALLY CLOSING CASE until the plaintiff's criminal proceedings are concluded. Signed by Judge Jay C. Zainey on 2/20/15.(jrc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

DWAYNE ANTHONY MOSES, SR.

CIVIL ACTION

VERSUS

NO. 14-2379

JEFFERSON PARISH, ET AL.

SECTION: "A"(1)

ORDER
The Court, having considered the complaint, the record, the applicable law, the Report and
Recommendation of the United States Magistrate Judge, and the response of the Plaintiff 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 plaintiff's claims against Jefferson Parish are DISMISSED WITH
PREJUDICE as frivolous and/or for failing to state a claim on which relief may be granted.
IT IS FURTHER ORDERED that all of plaintiff's official-capacity claims are
DISMISSED WITH PREJUDICE as frivolous and/or for failing to state a claim on which relief
may be granted.
IT IS FURTHER ORDERED that plaintiff's individual-capacity claims against Sheriff
Normand and Warden Monfra are DISMISSED WITH PREJUDICE as frivolous and/or for failing
to state a claim on which relief may be granted.
IT IS FURTHER ORDERED that plaintiff's individual-capacity claims against Sergeants
Foret, Lee, and Banner for failing to transport plaintiff to his parole revocation hearing are
DISMISSED WITH PREJUDICE as frivolous and/or for failing to state a claim on which relief
may be granted.
IT IS FURTHER ORDERED that plaintiff's claims against unidentified individuals are

DISMISSED WITH PREJUDICE as frivolous and/or for failing to state a claim on which relief
may be granted.
IT IS FURTHER ORDERED that plaintiff's individual-capacity claims against Deputy
Wilfred for excessive force and against Deputy Wilfred and Sergeants Lee, Berrian, and Abadie for
retaliation are STAYED.
IT IS FURTHER ORDERED that the Clerk of Court is 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.
February 20, 2015

___________________________________
UNITED STATES DISTRICT JUDGE