McCorvey v. Prison Transport Services of America, LLC et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS 18 . IT IS ORDERED that plaintiff's claims against Sheriff Marlin Gusman are DISMISSED WITH PREJUDICE as frivolous and/or for failure to state a claim on which relief may be granted. IT IS FURTHER ORD ERED that the following defendants and all claims against them are severed and transferred to the United States District Court for the Middle District of Tennessee, Nashville Division: Prison Transport Services of America, LLC; the unidentified presi dent of that corporation; and Officers Jordan and Davison. IT IS FURTHER ORDERED that no ruling is made as to the sufficiency of the complaint with respect to the claims that have been severed and transferred to the Middle District of Tennessee, Nashville Division, leaving that determination to the receiving court. Signed by Judge Jay C. Zainey on 5/23/2017.(ajn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

MICHAEL HOSEA MCCORVEY, SR.

CIVIL ACTION

VERSUS

NO. 16-16993

PRISON TRANSPORT SERVICES OF
AMERICA, LLC, ET AL.

SECTION: “A”(1)

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 plaintiff’s claims against Sheriff Marlin Gusman are DISMISSED
WITH PREJUDICE as frivolous and/or for failure to state a claim on which relief may be
granted.
IT IS FURTHER ORDERED that the following defendants and all claims against them
are severed and transferred to the United States District Court for the Middle District of Tennessee,
Nashville Division: Prison Transport Services of America, LLC; the unidentified president of that
corporation; and Officers Jordan and Davison.
IT IS FURTHER ORDERED that no ruling is made as to the sufficiency of the complaint
with respect to the claims that have been severed and transferred to the Middle District of
Tennessee, Nashville Division, leaving that determination to the receiving court.

IT IS FURTHER ORDERED that the Clerk of Court shall advise the Clerk of the Middle
District of Tennessee, Nashville Division, in writing, of the entry of this Order and provide the
Clerk with a certified copy of this Order and of the docket report for this action, together with all
information necessary for the Clerk of the receiving court to electronically access the documents
filed in this action.
New Orleans, Louisiana, this _____ day of _______________, 2017.
23rd
May

__________________________________________
JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE

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