Belvin v. Champagne, et al

Filing 29

ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS. ORDERED that Defendants' 27 Partial MOTION to Dismiss is GRANTED IN PART dismissing with prejudice the Plaintiff's 42 U.S.C. § 1983 and state medical malpractice claims against Defendan ts, Sheriff Champagne and Major Robinson, each in their official and individual capacities. FURTHER ORDERED that the Defendants' 27 Partial MOTION to Dismiss is DENIED IN PART as to Plaintiff's state negligence claims against Sheriff Champagne and Major Robinson each in their individual and official capacities. Signed by Judge Susie Morgan on 9/25/2017.(clc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ANTHONY BELVIN

CIVIL ACTION

VERSUS

NO. 17-1776

GREG CHAMPAGNE, SHERIFF OF
ST. CHARLES PARISH, ET AL.

SECTION: “E” (4)

ORDER
Before the Court is the Federal Bureau of Prison’s partial motion to dismiss. 1 This
matter was referred to the United States Magistrate Judge, who issued her partial report
and recommendations on August 31, 2017. 2 The period for objections ended on
September 14, 2017, with no objections having been filed. The Court, having considered
the complaint, the record, the applicable law, and the United States Magistrate Judge’s
Report and Recommendation finds the magistrate judge’s findings of fact and conclusions
of law are correct and 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 Defendants’ motion is GRANTED IN PART dismissing
with prejudice the Plaintiff’s 42 U.S.C. § 1983 and state medical malpractice claims
against Defendants, Sheriff Champagne and Major Robinson, each in their official and
individual capacities.
IT IS FURTHER ORDERED that the Defendants’ motion is DENIED IN
PART as to Plaintiff’s state negligence claims against Sheriff Champagne and Major
Robinson each in their individual and official capacities.
New Orleans, Louisiana, on this 25th day of September 2017.
___________________________
SUSIE MORGAN
UNITED STATES DISTRICT JUDGE
1
2

R. Doc. 27.
R. Doc. 28.