Emilien v. Jefferson Parish et al

Filing 11

ORDER ADOPTING IN PART REPORT AND RECOMMENDATIONS 7 . IT IS ORDERED that Plaintiffs complaint, 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 file an amended complaint naming the proper party defendant(s) for his Section 1983 claim by August 17, 2015, or that claim will be dismissed with prejudice. Signed by Judge Susie Morgan.(bwn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JOHNATHAN EHREN EMILIEN

CIVIL ACTION

VERSUS

No. 15-359

PARISH OF JEFFERSON, ET AL.

SECTION: “E”(5)
ORDER

The Court, having considered the complaint, the record, the applicable law, the
Magistrate Judge’s Report and Recommendation, and the objection to the Magistrate
Judge’s Report and Recommendation, hereby approves the Magistrate Judge’s Report
and Recommendation and adopts it as its opinion herein, with one exception. The
Court will allow Plaintiff to file an amended complaint naming the proper party
defendant(s) for his Section 1983 claim.1
Accordingly,
IT IS ORDERED that Plaintiff’s complaint, 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 file an amended complaint naming
the proper party defendant(s) for his Section 1983 claim by August 17, 2015, or that
claim will be dismissed with prejudice.

1

See Basrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (per curiam).

New Orleans, Louisiana, this 27th day of July, 2015.

HONORABLE SUSIE MORGAN
UNITED STATES DISTRICT JUDGE