Clark v. State of Louisiana, et al

Filing 65

RULING on REPORT AND RECOMMENDATION. The court approves and adopts the report and recommendation of the magistrate judge. The motion 38 to consolidate is hereby DENIED.. Signed by Judge James J. Brady on 09/27/2012. (CGP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
JEFFERY C. CLARK
CIVIL ACTION
VERSUS
NO. 00-956-JJB
STATE OF LOUISIANA, ET AL.
RULING ON REPORT AND RECOMMENDATION
The court has carefully considered the record, the law applicable to this action, and
the Report and Recommendation of United States Magistrate Judge Docia Dalby, dated
September 6, 2012 (doc. no. 54). The court has further considered the objection filed by
defendants and the response filed by Clark.
The court finds that the magistrate judge has correctly cited and applied the law.
The court finds no abuse of discretion in the magistrate judge’s application of the factors
relative to consolidation of cases.

The five cases at hand are in different postures

procedurally and involve separate factual analysis as to the individual claims of excessive
force. Other discretionary factors play into this decision as well, as more fully explained by
the magistrate judge. Therefore, the court approves and adopts the report and
recommendation of the magistrate judge.
Accordingly, the motion (doc. 38) to consolidate is hereby DENIED.
Baton Rouge, Louisiana, September 27, 2012.

JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA