Simon v. Larpenter

Filing 20

ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS, as set forth in document. Signed by Chief Judge Nannette Jolivette Brown on 4/26/2021.(jls)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JANSEN MICHAEL SIMON

CIVIL ACTION

VERSUS

NO. 20-1854

SHERIFF JERRY LARPENTER, et al.

SECTION: “G”(2)
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.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s claims against Sheriff Jerry Larpenter and
Warden Stephen Bergeron are dismissed as frivolous and/or for failure to state a claim upon which
relief can be granted because Plaintiff has not alleged that either of these defendants was personally
involved in any alleged constitutional violation or that they implemented an unconstitutional
policy.
IT IS FURTHER ORDERED that Plaintiff’s claims against unnamed inmate workers are
dismissed as frivolous and/or for failure to state a claim upon which relief can be granted because
the inmate workers are not state actors who may be held liable under 42 U.S.C. § 1983.

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IT IS FURTHER ORDERED that Plaintiff’s claims against Deputy Brody Fanguy and
Officer Dontrell Steel are dismissed as frivolous and/or for failure to state a claim upon which
relief can be granted because Plaintiff has not alleged facts showing that deliberate indifference on
the part of these defendants in failing to wear personal protective equipment or to wear such
equipment properly.

26th
NEW ORLEANS, LOUISIANA, this _____ day of April, 2021.

_________________________________
NANNETTE JOLIVETTE BROWN
CHIEF JUDGE
UNITED STATES DISTRICT JUDGE

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