Etheridge v. Tanner et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS 15 that Plaintiff's claims are dismissed as set forth in document. Signed by Judge Greg Gerard Guidry on 10/8/19.(ko)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

SHAROD STEPHEN ETHERIDGE

CIVIL ACTION

VERSUS

NO. 19-295
SECTION: “T”(1)

ROBERT TANNER, ET AL.

ORDER
The Court, having considered the complaint, the record, the applicable law, the Report and
Recommendation of the United States Magistrate Judge, and the failure of any party to file an
objection to the Magistrate Judge’s Report and Recommendation, hereby approves the Report and
Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter.
Therefore,
IT IS ORDERED that plaintiff’s claims based on acts or omissions during his confinement
at the Elayn Hunt Correctional Center are DISMISSED WITH PREJUDICE as frivolous
because they were prescribed at the time the complaint was filed.
IT IS FURTHER ORDERED that plaintiff’s claims against defendants “Sale” and
“Nick” are DISMISSED WITH PREJUDICE as frivolous because they were prescribed at the
time the complaint was filed.
IT IS FURTHER ORDERED that all of plaintiff’s claims concerning his confinement on
suicide watch from May through August in 2017 are DISMISSED WITH PREJUDICE as
frivolous because they were prescribed at the time the complaint was filed.

IT IS FURTHER ORDERED that plaintiff’s claims against Sergeant J. Tynes, Sergeant
Magee, Sergeant Jeffrey Rogers, and Lieutenant Dillon are DISMISSED WITH PREJUDICE
as frivolous because they were prescribed at the time the complaint was filed.
IT IS FURTHER ORDERED that plaintiff’s claim that he was falsely charged with
disciplinary infractions and not afforded an opportunity to refute the charges is DISMISSED
WITH PREJUDICE as frivolous because it was prescribed at the time the complaint was filed.
IT IS FURTHER ORDERED that plaintiff’s claim against defendant “Waskom” is
DISMISSED WITH PREJUDICE as frivolous because it was prescribed at the time the
complaint was filed.
IT IS FURTHER ORDERED that plaintiff’s claims for declaratory and injunctive relief
are DISMISSED AS MOOT.
IT IS FURTHER ORDERED that plaintiff’s official-capacity claims for monetary
damages against all defendants are DISMISSED FOR LACK OF SUBJECT-MATTER
JURISDICTION pursuant to the Eleventh Amendment.
IT IS FURTHER ORDERED that plaintiff’s individual-capacity claims for monetary
damages against Warden Robert Tanner, Warden Billy Anderson, Warden Beverly Kelly, Colonel
Crawford, and Colonel Harrell are DISMISSED WITH PREJUDICE as frivolous and/or for
failing to state a claim on which relief may be granted.
IT IS FURTHER ORDERED that plaintiff’s individual-capacity claims for monetary
damages against Floyd Brooks are DISMISSED WITH PREJUDICE as frivolous and/or for
failing to state a claim on which relief may be granted.

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IT IS FURTHER ORDERED that plaintiff’s individual-capacity claims for monetary
damages against defendants “Herbut,” “Phillup,” “Bowens,” and “Sistrunk” are DISMISSED
WITHOUT PREJUDICE for failing to state a claim on which relief may be granted.
New Orleans, Louisiana, this _____ day of October, 2019.
8th

__________________________________________
GREG GERARD GUIDRY
UNITED STATES DISTRICT JUDGE

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