Winsberry v. Terrebonne Parish Criminal Justice Complex

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS 22 - IT IS ORDERED that Leon J. Winsberry, III's claims against the defendants, Terrebonne Parish Criminal Justice Complex, Kelly Gaudet, and Pat Naquin, are DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted under 28 U.S.C. § 1915, § 1915A, and 42 U.S.C. § 1997e. IT IS FURTHER ORDERED that Leon J. Winsberry, III's § 1983 claims against the defendants Corpora l Thomas, Lieutenant Authement, and Sergeant Theriot are DISMISSED WITH PREJUDICE to their being asserted again until the Heck v. Humphrey, 512 U.S. 477 (1994) conditions are met. IT IS FURTHER ORDERED that defendants Kelly Gaudet and Pat Naquin's Motion to Dismiss for Insufficiency of Service of Process (R. Doc. 19 ) is DENIED AS MOOT. Signed by Judge Lance M Africk.(bwn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
LEON J. WINSBERRY, III

CIVIL ACTION

VERSUS

NO. 16-13528

TERREBONNE PARISH CRIMINAL
JUSTICE COMPLEX, ET AL

SECTION “I” (4)

ORDER
The Court, having considered the complaint, the record, the applicable law, the Report and
Recommendation of the United States Magistrate Judge, and the failure of any party to file an
objection to the Magistrate Judge’s Report and Recommendation, 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 Leon J. Winsberry, III’s claims against the defendants, Terrebonne
Parish Criminal Justice Complex, Kelly Gaudet, and Pat Naquin, are DISMISSED WITH
PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted
under 28 U.S.C. § 1915, § 1915A, and 42 U.S.C. § 1997e.
IT IS FURTHER ORDERED that Leon J. Winsberry, III’s § 1983 claims against the
defendants Corporal Thomas, Lieutenant Authement, and Sergeant Theriot are DISMISSED
WITH PREJUDICE to their being asserted again until the Heck v. Humphrey, 512 U.S. 477
(1994) conditions are met.1

1

Johnson v. McElveen, 101 F.3d 423, 424 (5th Cir. 1996)

IT IS FURTHER ORDERED that defendants Kelly Gaudet and Pat Naquin’s Motion
to Dismiss for Insufficiency of Service of Process (R. Doc. 19) is DENIED AS MOOT.
New Orleans, Louisiana, this 19th day of December, 2016.

____________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

2