Hutton v. Shanmugom
Filing
12
ORDER AND REASONS ADOPTING REPORT AND RECOMMENDATIONS 9 . FURTHER ORDERED 11 MOTION to Appoint Counsel is dismissed. Signed by Judge Sarah S. Vance on 12/19/2018.(am)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CEDRIC HUTTON
CIVIL ACTION
VERSUS
NO. 17-8071
KRISTNA SHANMUGOM
SECTION “R” (4)
ORDER AND REASONS
Plaintiff Cedric Hutton, an individual currently incarcerated at the
Elayn Hunt Correctional Center in St. Gabriel, Louisiana, filed this pro se
complaint under 42 U.S.C. § 1983 against a physician who performed his eye
surgery.1 The Court has reviewed de novo the complaint,2 the applicable law,
the Magistrate Judge’s Report and Recommendation, 3 and plaintiff’s
objections to the Report and Recommendation. 4 For the following reasons,
the Court approves the Magistrate Judge’s recommendation that plaintiff’s
complaint should be dismissed.
As the Magistrate Judge explained, plaintiff’s claims are governed by
the Louisiana Medical Malpractice Act (LMMA).5 Because plaintiff’s claims
do not arise under federal or constitutional law, this Court has jurisdiction
1
2
3
4
5
R. Doc. 1.
Id.
R. Doc. 9.
R. Doc. 10.
R. Doc. 9 at 3.
over his LMMA claims only if there is complete diversity of citizenship
between the parties and the amount in controversy exceeds $75,000. 28
U.S.C. §§ 1331, 1332. Plaintiff does not assert that there is diversity of
citizenship between the parties. The Court therefore has no jurisdiction over
the action.
Even if the Court did have jurisdiction over the action, plaintiff’s
complaint must be dismissed for the separate reason explained by the
Magistrate Judge. Plaintiff’s LMMA claims must be submitted to a medical
review panel prior to filing suit, so his complaint is premature.6
Accordingly,
plaintiff’s
complaint
is
DISMISSED
WITHOUT
PREJUDICE. Plaintiff’s motion to appoint counsel to assist him with his
medical malpractice claim 7 is also DISMISSED, because the Court does not
have jurisdiction over this action.
New Orleans, Louisiana, this _____ day of December, 2018.
19th
_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
6
7
Id. at 3.
R. Doc. 11.
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