Stewart v. Williams et al

Filing 26

ORDER ADOPTING 25 REPORT AND RECOMMENDATIONS: IT IS ORDERED that the 22 motion to dismiss of Defendants, Major Jeff Williams, Captain Frank Cleland, and Lieutenant Shane Ladner, is granted and that Plaintiff's 42 U.S.C. 1983claims against th em in their official capacity are dismissed. IT IS FURTHER ORDERED that the 23 motion to dismiss of the five other Defendants isgranted, that Plaintiff's federal claims against them are dismissed with prejudice, and that Plaintiff's state law claims against them are dismissed without prejudice. Signed by Judge Ivan L.R. Lemelle on 2/23/2017.(mmv)

CHARLES STEWART

VERSUS

JEFF WILLIAMS, ET AL.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

CIVIL ACTION

NUMBER: 16‐13460

SECTION: “B”(5)

ORDER

The Court, having considered the motions, the record, the applicable law, the

Magistrate Judge’s Report and Recommendation, and the failure of Plaintiff to file any
objections to the Magistrate Judge’s Report and Recommendation, hereby approves the
Magistrate Judge’s Report and Recommendation and adopts it as its opinion herein.

Accordingly,

IT IS ORDERED that the motion to dismiss of Defendants, Major Jeff Williams, Captain

Frank Cleland, and Lieutenant Shane Ladner, is granted and that Plaintiff’s 42 U.S.C. §1983
claims against them in their official capacity are dismissed.

IT IS FURTHER ORDERED that the motion to dismiss of the five other Defendants is

granted, that Plaintiff’s federal claims against them are dismissed with prejudice, and that
Plaintiff’s state law claims against them are dismissed without prejudice.

New Orleans, Louisiana, this 23rd day of February, 2017.

IVAN L.R. LEMELLE
SENIOR UNITED STATES DISTRICT JUDGE