Jones v. Spencer et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS 31 . It is ORDERED that the 42 U.S.C. 1983 claims filed by the plaintiff, DeShawn Jones, against the defendants, the City of New Orleans, the Orleans Parish Police Jury and Orleans Parish and against Orleans Parish Sheriff Marlin Gusman, Secretary James LeBlanc, Nurse Favis Spencer, Nurse Lesia Washington, Warden Chavez Ruiz, and Captain Franklin, each in their individual and official capacity, are DISMISSED WITH PREJUDICE as frivolous and othe rwise for failure to state a claim for which relief can be granted pursuant to 28 U.S.C. 1915, 1915A, and 42 U.S.C. 1997e. It is FURTHER ORDERED that the Motion to Dismiss (Rec. Doc. No. 20 ) filed by defendant City of New Orleans and the Motion to Dismiss Pursuant to Rule 12(b)(6) for Failure to State Claim (Rec. Doc. No. 30 ) filed by the defendants Nurse Spencer and Nurse Washington are DISMISSED as moot. Signed by Judge Carl Barbier.(gec)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DESHAWN JONES

CIVIL ACTION

VERSUS

NO.

FAVIS SPENCER, ET
AL

SECTION “J”(4)

16-1745

ORDER
Having considered the complaint, the record, the applicable
law, the Report and Recommendation of the United States Magistrate
Judge, and Petitioner’s objections, the Court 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 the 42 U.S.C. § 1983 claims filed by the
plaintiff, DeShawn Jones, against the defendants, the City of New
Orleans, the Orleans Parish Police Jury and Orleans Parish and
against Orleans Parish Sheriff Marlin Gusman, Secretary James
LeBlanc,

Nurse

Favis

Spencer,

Nurse

Lesia

Washington,

Warden

Chavez Ruiz, and Captain Franklin, each in their individual and
official capacity, are DISMISSED WITH PREJUDICE as frivolous and
otherwise for failure to state a claim for which relief can be
granted pursuant to 28 U.S.C. § 1915, § 1915A, and 42 U.S.C. §
1997e.
IT IS FURTHER ORDERED that the Motion to Dismiss (Rec. Doc.
No. 20) filed by defendant City of New Orleans and the Motion to
Dismiss Pursuant to Rule 12(b)(6) for Failure to State Claim (Rec.

Doc. No. 30) filed by the defendants Nurse Spencer and Nurse
Washington are DISMISSED as moot.
New Orleans, Louisiana this 4th day of November, 2016.

____________________________
CARL J. BARBIER
UNITED STATES DISTRICT JUDGE