Moses v. Mahmoud et al

Filing 22

ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS: IT IS ORDERED that plaintiff Daytrend DeNone Moses's 42 U.S.C. 1983 claims against defendants Nurse Juanasha Smith and Deputy Garrett Haun are DISMISSED WITH PREJUDICE. Signed by Judge Jane Triche Milazzo on 09/09/2021.(am)

Case 2:20-cv-02361-JTM-KWR Document 22 Filed 09/09/21 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DAYTREND DENONE MOSES

CIVIL ACTION

VERSUS

NO. 20-2361

MOHAMED MAHMOUD, ET AL.

SECTION “H”(4)

ORDER
The Court, having considered the complaint, the record, the applicable law, the Partial
Report and Recommendation of the Chief United States Magistrate Judge (Doc. 17), and the failure
of any party 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 plaintiff Daytrend DeNone Moses’s 42 U.S.C. § 1983 claims
against defendants Nurse Juanasha Smith and Deputy Garrett Haun are DISMISSED WITH
PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted
pursuant to 28 U.S.C. § 1915(e) and § 1915A.
IT IS FURTHER ORDERED that Moses’s § 1983 claims against defendants Sgt. Darryl
Richardson and Lt. Elizabeth Raiford for use of verbal slurs and threats and failure to investigate
and address his PREA complaint are DISMISSED WITH PREJUDICE as frivolous and
otherwise for failure to state a claim for which relief can be granted pursuant to § 1915(e) and §
1915A.
Moses’s § 1983 claims against defendants Deputy Mohamed Mahmoud for intentional
indifference and excessive force and against Sgt. Richardson and Lt. Raiford for intentional

Case 2:20-cv-02361-JTM-KWR Document 22 Filed 09/09/21 Page 2 of 2

indifference and failure to intervene remain referred to the Chief Magistrate Judge for further
proceedings.
New Orleans, Louisiana, this 9th day of September, 2021.

____________________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE

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