Brenckle v. MacFay et al
Filing
37
ORDER ADOPTING REPORT AND RECOMMENDATIONS 27 . IT IS ORDERED that the Motion to Dismiss (Rec. Doc. 21) is hereby DENIED IN PART and GRANTED IN PART. The motion is DENIED with respect to the claim that Dr. McVea, in his individual capacity, violate d Plaintiff's federal constitutional rights by refusing to provide him with a continuous positive airway pressure machine. IT IS FURTHER ORDERED that the motion is GRANTED in all other respects and that all other claims against Dr. McVea are he reby DISMISSED WITHOUT PREJUDICE. IT IS FURTHER RECOMMENDED that plaintiff's "Motion for Post-Conviction Relief," Rec. Doc. 25, be DENIED WITHOUT PREJUDICE to his ability to seek federal habeas corpus relief in a separate proceeding. Signed by Judge Carl Barbier on 8/27/2019.(cg)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CLINT BRENCKLE
CIVIL ACTION
VERSUS
No.: 17-13500
DR. MACFAY, ET AL.
SECTION: “J”(3)
ORDER
The Court, having considered the record, the applicable law, the Motion to Dismiss
(Rec. Doc. 21) filed by Defendants, Dr. Casey McVea, the Partial Report and
Recommendation of the United States Magistrate Judge (Rec. Doc. 27), and Plaintiff's failure
to file any objections thereto, hereby approves the Report and Recommendation of the United
States Magistrate Judge and adopts it as its opinion herein. Accordingly,
IT IS ORDERED that the Motion to Dismiss (Rec. Doc. 21) is hereby DENIED IN
PART and GRANTED IN PART. The motion is DENIED with respect to the claim that
Dr. McVea, in his individual capacity, violated Plaintiff’s federal constitutional rights by
refusing to provide him with a continuous positive airway pressure machine.
IT IS FURTHER ORDERED that the motion is GRANTED in all other respects
and that all other claims against Dr. McVea are hereby DISMISSED WITHOUT
PREJUDICE.
IT IS FURTHER RECOMMENDED that plaintiff’s “Motion for Post-Conviction
Relief,” Rec. Doc. 25, be DENIED WITHOUT PREJUDICE to his ability to seek federal
habeas corpus relief in a separate proceeding.
New Orleans, Louisiana, this 27th day of August, 2019.
CARL J. BARBIER
UNITED STATES DISTRICT JUDGE
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