Lewis et al v. Jindal et al

Filing 15

REPORT AND RECOMMENDATIONS regarding 1 Complaint filed by Diana Lewis, Brian Lewis...It is recommended that the pltf's complaint be dismissed with prejudice as frivolous... Objections to R&R due by 9/21/2009. Signed by Magistrate Judge Stephen C. Riedlinger on 9/3/2009. (JDL, )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

BRIAN LEWIS, ET AL VERSUS BOBBY JINDAL, ET AL CIVIL ACTION NUMBER 09-405-JVP-SCR

NOTICE Please take notice that the attached Magistrate Judge's Report has been filed with the Clerk of the U. S. District Court. In accordance with 28 U.S.C. § 636(b)(1), you have ten days after being served with the attached report to file written objections to the proposed findings of fact, conclusions of law, and recommendations set forth therein. Failure to file written objections to the proposed findings, conclusions and recommendations within ten days after being served will bar you, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the District Court. ABSOLUTELY NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT. Baton Rouge, Louisiana, September 3, 2009.

STEPHEN C. RIEDLINGER UNITED STATES MAGISTRATE JUDGE

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

BRIAN LEWIS, ET AL VERSUS BOBBY JINDAL, ET AL CIVIL ACTION NUMBER 09-405-JVP-SCR

SUPPLEMENTAL MAGISTRATE JUDGE'S REPORT A magistrate judge's report was submitted to the district judge on July 31, 2009, recommending that the plaintiffs' complaint be dismissed with prejudice as frivolous.1 Plaintiffs amended the complaint to add as defendants

Nineteenth Judicial District Court Commissioner Rachel Pitcher Morgan, Judge Janice Clark, and attorneys Patricia Wilton, Bridget Denicola and David G. Sanders.2 against these defendants. To be liable under § 1983, a person must either be personally involved in the acts causing the alleged deprivation of Plaintiffs made no allegations

constitutional rights, or there must be a causal connection between the act of that person and the constitutional violation sought to be redressed. Lozano v. Smith, 718 F.2d 756 (5th Cir. 1983).

1

record document number 7.

Plaintiffs attached as exhibits documents related to state court proceedings involving Gina Swift. However, Swift is not a party to this litigation.

2

For the reasons set forth in the July 31, 2009, magistrate judge's report, as supplemented herein, the plaintiffs' complaint should be dismissed as frivolous pursuant to 28 U.S.C.

§1915(e)(2)(B)(i). RECOMMENDATION It is the recommendation of the magistrate judge that the plaintiffs' complaint be dismissed with prejudice as frivolous. Baton Rouge, Louisiana, September 3, 2009.

STEPHEN C. RIEDLINGER UNITED STATES MAGISTRATE JUDGE

2