Stewart v. Seng et al

Filing 64

RULING Adopting 49 Report and Recommendations of the U.S. Magistrate Judge. The parties motions for summary judgment are DENIED. Further, the claims against Sgt. Charles Gaylor and the unidentified emergency medical technicians are DISMISSED for failure to prosecute pursuant to FRCP 4(m). Signed by Judge James J. Brady on 11/10/2009. (JDL, )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA KEITH STEWART (#98926) CIVIL ACTION VERSUS NO. 09-17-JJB-SCR MRS. SENG, ET AL. RULING The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Stephen C. Riedlinger dated September 11, 2009 (doc. no. 49) to which no objection has been filed. The court hereby approves the report and recommendation of the magistrate judge and adopts it as the court's opinion herein. Accordingly, the parties motions for summary judgment are DENIED. Further, the claims against Sgt. Charles Gaylor and the unidentified emergency medical technicians are DISMISSED for failure to prosecute pursuant to Rule 4(m), Fed.R.Civ.P. Baton Rouge, Louisiana, November 10, 2009.

JAMES J. BRADY, JUDGE MIDDLE DISTRICT OF LOUISIANA