Daniels v. New Orleans City et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 11 . Daniels's state law claims are DISMISSED WITHOUT PREJUDICE. All other claims are DISMISSED WITH PREJUDICE. Signed by Judge Jane Triche Milazzo.(ecm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
LAZANDY DANIELS

CIVIL ACTION

VERSUS

NO. 17-6452

CITY OF NEW ORLEANS,
SUPERINTENDENT MICHAEL HARRISON,
COMMANDER CHRISTOPHER GOODLY,
SERGEANT JOSEPH DAVIS, DETECTIVE
CHAD COCKERHAM

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 plaintiff Lazandy Daniels’s 42 U.S.C. § 1983 claims of
wrongful conviction and perjured testimony against the defendants, Detective Chad Cockerham
and Sergeant Joseph Davis, and his § 1983 supervisory and failure to train claims against the
defendants, Superintendent Michael Harrison and Commander Christopher Goodly, 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. § 1915A until such time as the Heck conditions are
met.
IT IS FURTHER ORDERED that Daniels’s § 1983 claims of false arrest and wrongful
death of the dogs against the defendants, Detective Cockerham and Sergeant Davis, are
DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for
which relief can be granted under § 1915A.

IT IS FURTHER ORDERED that Daniels’s § 1983 supervisory claims against the
defendant, the City of New Orleans, as employer of the other defendants and his § 1983 claims
against the defendants, Superintendent Michael Harrison and Commander Christopher Goodly, for
the wrongful death of the dogs are DISMISSED WITH PREJUDICE as frivolous and otherwise
for failure to state a claim for which relief can be granted under § 1915A.
IT IS FURTHER ORDERED that Daniels’s § 1983 claims against the defendant,
Superintendent Harrison, for defamation, be DISMISSED WITH PREJUDICE as frivolous and
otherwise for failure to state a claim for which relief can be granted under § 1915A.
IT IS FURTHER ORDERED that Daniels’s state law claims are DISMISSED
WITHOUT PREJUDICE because the Court declines to exercise its supplemental jurisdiction
under 28 U.S.C. § 1367.

New Orleans, Louisiana, this 23rd day of March, 2018.

____________________________________
UNITED STATES DISTRICT JUDGE

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