Folse v. Knight et al

Filing 19

ORDER ADOPTING PARTIAL REPORT AND RECOMMENDATIONS, Doc. 18 . IT IS ORDERED that the 42 U.S.C. §1983 claims by Breiun Vicha Folse against Warden Cantrelle Davis and Sheriff Craig Webre are DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim for which relief can be granted. IT IS FURTHER ORDERED that Folse's § 1983 claims against Deputy Robert Knight for cruel and unusual punishment under the Eighth Amendment shall remain referred to the Magistrate Judge for further pretrial proceedings. Signed by Judge Mary Ann Vial Lemmon on 7/10/2018. (NEF: Mag. 4) (sa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
BREIUN VICHA FOLSE

CIVIL ACTION

VERSUS

NO. 17-9624

DY. ROBERT KNIGHT, WARDEN
CANTRELLE DAVIS, SHERIFF
CRAIG WEBRE

SECTION “S”(4)

ORDER
The Court, having considered the record, the applicable law, the Partial 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 Partial Report and Recommendation, hereby
approves the Partial 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 42 U.S.C. §1983 claims by Breiun Vicha Folse against Warden
Cantrelle Davis and Sheriff Craig Webre are DISMISSED WITH PREJUDICE as frivolous and
for failure to state a claim for which relief can be granted pursuant to 28 U.S.C. §1915(e), §1915A
and 42 U.S.C. §1997e.
IT IS FURTHER ORDERED that Folse’s § 1983 claims against Deputy Robert Knight
for cruel and unusual punishment under the Eighth Amendment arising from the alleged sexual
touching shall proceed and remain referred to the Magistrate Judge for further pretrial proceedings.
July
10th
New Orleans, Louisiana, this ______ day of _____________________, 2018.

____________________________________
UNITED STATES DISTRICT JUDGE

CLERK TO NOTIFY CHIEF MAGISTRATE
JUDGE KAREN WELLS ROBY

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