Harris v. Banks et al

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS 24 . It is ORDERED that plaintiff's complaint against Sheriff Newell Normand and his claims against Deputy Banks concerning false prison disciplinary charges are hereby DISMISSED WITH PREJUDICE as l egally frivolous and/or for failure to state a claim. It is FURTHER ORDERED that further proceedings are required as to the claims against defendant Jody Banks, because plaintiff's complaint asserts cognizable claims under Section 1983 of exces sive force and false criminal charges against Deputy Banks. It is FURTHER ORDERED that the assigned magistrate judge conduct further proceedings to determine (a) if counsel should be appointed from this court's Civil Pro Bono Panel to represent plaintiff in this matter, and (b) if all parties consent to proceed before a United States Magistrate Judge pursuant to 28 U.S.C. 636(c). Signed by Judge Carl Barbier. (NEF:JCW)(gec)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
EARL KEITH HARRIS

CIVIL ACTION

VERSUS

NO. 16-16906

JODY BANKS ET AL.

SECTION AJ@ (2)

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
either 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 plaintiff=s complaint against Sheriff Newell Normand and
his claims against Deputy Banks concerning false prison disciplinary charges are hereby
DISMISSED WITH PREJUDICE as legally frivolous and/or for failure to state a
claim under 28 U.S.C. ' 1915(e)(2) and 42 U.S.C. ' 1997e(c)(1).
IT IS FURTHER ORDERED that further proceedings are required as to the
claims against defendant Jody Banks, because plaintiff=s complaint asserts cognizable
claims under Section 1983 of excessive force and false criminal charges against Deputy
Banks.