Daniels v. Rester et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS 29 , and GRANTING 26 MOTION to Dismiss for Failure to State a Claim filed by Jacob Waskom, Justin Rester, and 25 MOTION to Dismiss for Lack of Jurisdiction filed by Jacob Waskom, Justin Rester. IT IS ORDERED that Defendants' motions to dismiss are GRANTED and that Plaintiff's claims against the Defendants in their official capacity are DISMISSED without prejudice for lack of jurisdiction. Signed by Judge Mary Ann Vial Lemmon on 4/8/2019.(sa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

CLARENCE ANTOINE DANIELS

VERSUS

JUSTIN RESTER, ET AL.

CIVIL ACTION

NUMBER: 18‐5292

SECTION: “S”(5)

O R D E R

The Court, having considered the motions, the record, the applicable law, the

Magistrate Judge’s Report and Recommendation, and the failure of Plaintiff to file any
objections to the Magistrate Judge’s Report and Recommendation, hereby approves the
Magistrate Judge’s Report and Recommendation and adopts it as its opinion herein.

Accordingly,

IT IS ORDERED that Defendants’ motions to dismiss are granted and that Plaintiff’s

claims against the Defendants in their official capacity are dismissed without prejudice for
lack of jurisdiction.

New Orleans, Louisiana, this

day of

April

, 2019.

MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE