Ellis v. LeBlanc et al

Filing 68

RULING Adopting 67 Report and Recommendations of the U.S. Magistrate Judge regarding the 51 Motion for Summary Judgment, filed by Terri L. Cannon, James M. LeBlanc, Troy Poret, William Richardson. The defendants' motion for summary judgment is granted in part, dismissing plaintiff's claims against Secretary James LeBlanc and the claims that Asst. Warden Troy Poret threatened him on September 2, 2009 and brushed against him and threatened him on September 21, 2009. In all other res pects, the defendants' motion for summary judgment is denied. The Court declines to exercise supplemental jurisdiction and this matter is referred back to the United States Magistrate Judge for further proceedings on the plaintiff's retaliation claim. Signed by Chief Judge Brian A. Jackson on 9/28/12. (DCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
JAMES ELLIS (300276)
CIVIL ACTION
VERSUS
NO. 09-222-BAJ-DLD
JAMES M. LEBLANC, 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 Docia L. Dalby dated September 7, 2012 (doc. no. 67) 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
defendants’ motion for summary judgment (doc. no. 51) is granted in part,
dismissing plaintiff’s claims against Secretary James LeBlanc and the claims that
Asst. Warden Troy Poret threatened him on September 2, 2009 and brushed
against him and threatened him on September 21, 2009. In all other respects,
the defendants’ motion for summary judgment is denied.
The Court declines to exercise supplemental jurisdiction and this matter is

referred back to the United States Magistrate Judge for further proceedings on
the plaintiff’s retaliation claim.
Baton Rouge, Louisiana, this 28th day of September, 2012.

______________________________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA