Walker v. Stewart et al

Filing 23

OPINION granting in part and denying in part 17 Report and Recommendations of the U.S. Magistrate Judge. 16 Defts Motion to Dismiss shall be GRANTED in part, dismissing pltfs unconstitutional conditions of confinement and medical indifference cl aims and his claims against Hunt Correctional Center. In all other respects, the defts motion shall be DENIED. FURTHER ORDERED that this matter shall be referred back to the Magistrate Judge for further proceedings on the pltfs excessive force claims against Maj. Kenneth Stewart. Signed by Judge Frank J. Polozola on 1/15/2009. (JDL, )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA CALVIN WALKER(#110316) VERSUS MAJ. KENNETH STEWART, ET AL OPINION After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report to which an objection was filed: IT IS ORDERED that the defendants' motion to dismiss shall be GRANTED in part, dismissing the plaintiff's unconstitutional CIVIL ACTION NUMBER 08-324-FJP-DLD

conditions of confinement and medical indifference claims and his claims against Hunt Correctional Center. In all other respects, the defendants' motion to dismiss shall be DENIED. IT IS FURTHER ORDERED that this matter shall be referred back to the Magistrate Judge for further proceedings on the plaintiff's excessive force claims against Maj. Kenneth Stewart. Baton Rouge, Louisiana, January 15, 2009.

9 FRANK J. POLOZOLA
DLD Doc#45733

MIDDLE DISTRICT OF LOUISIANA