Sears v. Gusman et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS 20 ; ORDERED that Dr. Scott Kennedy and Pammalier Walker's 16 motion to dismiss is DENIED. Signed by Judge Lance M Africk on 9/16/2016.(blg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JOHN L. SEARS

CIVIL ACTION

VERSUS

No. 16-2935

MARLIN GUSMAN ET AL.

SECTION I
ORDER

The Court, having considered the motion 1 to dismiss filed by defendants Dr.
Scott Kennedy and Pammalier Walker, NP, the record, the applicable law, the
Magistrate Judge’s Report and Recommendation, 2 and the failure of defendants to
file any objections to the Magistrate Judge’s Report and Recommendation that their
motion

be

denied,

hereby

approves

the

Magistrate

Judge’s

Report

and

Recommendation and adopts it as its opinion herein. While the Court expresses no
opinion as to whether a properly filed motion for summary judgment may be
meritorious,
IT IS ORDERED that Dr. Scott Kennedy and Pammalier Walker’s motion to
dismiss is DENIED.
New Orleans, Louisiana, September 16, 2016.

_______________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

1
2

R. Doc. No. 16.
R. Doc. No. 20.