Simmons v. Gusman, et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS 13 . Signed by Judge Ivan L.R. Lemelle.(jrc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

WESTLEY SIMMONS

CIVIL ACTION

VERSUS

NO. 15-5241

MARLIN N. GUSMAN, ET AL.

SECTION "B"(3)
ORDER

The Court, having considered the complaint, the record, the applicable law, the Partial Report
and Recommendation of the United States Magistrate Judge, and the failure of any party to file an
objection to the Magistrate Judge's Partial Report and Recommendation, hereby approves the Partial
Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in
this matter. Therefore,
IT IS ORDERED plaintiff’s claims challenging the physical conditions of his confinement
at the Orleans Parish Prison 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 failure-to-protect claims against Orleans
Parish Sheriff Marlin N. Gusman and Bonita J. Pittman 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 failure-to-protect claims against Ms. Turner
and R. Brown are allowed to proceed pending further development.
New Orleans, Louisiana, this ______ day of __________________, 2016.
18th
April

___________________________________
UNITED STATES DISTRICT JUDGE