Brady v. Gautreaux et al

Filing 45

RULING Adopting 43 Report and Recommendations of the U.S. Magistrate Judge. The pltfs claims asserted against the deft identified as "C. Ron" or "C. Rond" are dismissed for failure of pltf to serve this deft within 120 days as mandated by FRCP 4(m). Further, the 38 Motion to Dismiss filed by Charles Bridges is denied. The Court declines to exercise supplemental jurisdiction over the pltfs state law claims and this action be referred back to the USMJ for further proceedings. Signed by Chief Judge Ralph E. Tyson on 5/9/2011. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

LOUIS BRADY, JR. (#304523)
CIVIL ACTION
VERSUS
NO. 09-947-RET
SID J. GAUTREAUX, ET AL
RULING
The court, after carefully considering the petition, the record, the law applicable
to this action, and the Report and Recommendation of United States Magistrate Judge
Christine Noland dated March 16, 2011, to which no objection has been filed, hereby
approves the report and recommendation of the magistrate judge and adopts it as the
court’s opinion herein.
Accordingly, the plaintiff’s claims asserted against the defendant identified as “C.
Ron” or “C. Rond” are dismissed for failure of the plaintiff to serve this defendant within
120 days as mandated by Rule 4(m) of the Federal Rules of Civil Procedure. Further,
the Motion to Dismiss of defendant Charles Bridges, rec.doc.no. 38, is denied. The
Court declines to exercise supplemental jurisdiction over the plaintiff’s state law claims
and this action be referred back to the United States Magistrate Judge for further
proceedings.
Baton Rouge, Louisiana, May

9th

, 2011.

7

RALPH E. TYSON, CHIEF JUDGE
MIDDLE DISTRICT OF LOUISIANA