Daniels v. United States of America et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS, Rec. Doc. 10 . IT IS ORDERED that the Defendants' MOTION to Dismiss for Lack of Jurisdiction (Rec. Doc. 8 ) is GRANTED. IT IS FURTHER ORDERED that plaintiff's claims are DISMISSED without prej udice for lack of subjection matter jurisdiction. IT IS FURTHER ORDERED that plaintiff's claims based on wrongful decision to pursue criminal charges are DISMISSED with prejudice. IT IS FURTHER ORDERED that plaintiff's claims challenging his detention are DISMISSED with prejudice, as set forth in document. Signed by Judge Jane Triche Milazzo on 5/10/2018.(sa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
LAZANDY TRAMAINE DANIELS

CIVIL ACTION

VERSUS

NO. 17-5465

UNITED STATES OF AMERICA, BRANDON
S. LONG, DUANE A. EVANS

SECTION “H”(4)

ORDER
The Court, having considered the record, the applicable law, the Report and
Recommendation of the Chief United States Magistrate Judge, and the failure of the plaintiff to
file an objection to the Chief Magistrate Judge’s Report and Recommendation, hereby approves
the Report and Recommendation of the Chief United States Magistrate Judge and adopts it as its
opinion in this matter. Therefore,
IT IS ORDERED that the Motion to Dismiss (Rec. Doc. No. 8) filed by defendants,
United States of America, Assistant United States Attorney Brandon S. Long, and Acting United
States Attorney Duan A. Evans, is GRANTED.
IT IS FURTHER ORDERED that the plaintiff Lazandy Daniels’s claims under 42 U.S.C.
§ 1983 and Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388
(1971), against the United States of America are DISMISSED WITHOUT PREJUDICE for lack
of subject matter jurisdiction
IT IS FURTHER ORDERED that Daniels’s §1983/Bivens claims based on wrongful
decision to pursue criminal charges against the defendants, Assistant United States Attorney
Brandon S. Long, and Acting United States Attorney Duane A. Evans, are DISMISSED WITH
PREJUDICE based on absolute prosecutorial immunity.

IT IS FURTHER ORDERED that Daniels’s §1983/Bivens claims challenging his
detention, pretrial criminal proceedings, and conviction based on false factual statements and
failure to train against the defendants Long and Evans are DISMISSED WITH PREJUDICE
until such time as the conditions outlined in Heck v. Humphrey, 512 U.S. 477 (1994), are met.

New Orleans, Louisiana, this 10th day of May, 2018.

____________________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE

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