Jenkins v. Clauss et al

Filing 10

ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS. IT IS HEREBY ORDERED that Ronji Jenkins's 1983 claims against Matthew R. Clauss for pursuing the prosecution of Jenkins 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 Ronji Jenkins's 1983 claims for wrongful arrest by the defendants, Donald Zanotelli, Gabriel Fuacetta, and Matthew R. Clauss are STAYED and ADMINISTRATIVELY CLOSED for statistical purposes until such time as Jenkins's state criminal charges have ended. IT IS FURTHER ORDERED that Jenkins must move to reopen the matter within thirty(30) days following resolution of his state felony criminal charges, including any direct appeal or immediate supervisory review, and include notification to the Court in writing whether Jenkins was convicted or acquitted. Signed by Judge Nannette Jolivette Brown on 12/22/2016.(mmv)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
RONJI JENKINS

CIVIL ACTION

VERSUS

NO. 16-14584

JEFFERSON PARISH DISTRICT
ATTORNEY MATTHEW R. CLAUSS, et al.

SECTION “G” (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.
IT IS HEREBY ORDERED that Ronji Jenkins’s § 1983 claims against Matthew R.
Clauss for pursuing the prosecution of Jenkins 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 Ronji Jenkins’s § 1983 claims for wrongful arrest by
the defendants, Donald Zanotelli, Gabriel Fuacetta, and Matthew R. Clauss are STAYED and
ADMINISTRATIVELY CLOSED for statistical purposes until such time as Jenkins’s state
criminal charges have ended.
IT IS FURTHER ORDERED that Jenkins must move to reopen the matter within thirty
(30) days following resolution of his state felony criminal charges, including any direct appeal or
immediate supervisory review, and include notification to the Court in writing whether Jenkins
was convicted or acquitted.

22nd
NEW ORLEANS, LOUISIANA, this ____ day of December, 2016.
22nd

____________________________________
NANNETTE JOLIVETTE BROWN
UNITED STATES DISTRICT JUDGE