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)

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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

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