Weir v. Department of Corrections et al

Filing 38

OPINION Adopting 37 Report and Recommendations of the U.S. Magistrate Judge. Defendants' 34 motion to dismiss is granted. Plaintiff's claims asserted against defendant Curtis Thurman are dismissed for the same reason pursuant to 42 U.S. C. § 1915(e) and 1915A. The plaintiff's 33 motion for summary judgment is denied. The 35 motion for summary judgment of defendant James Stevens is granted, dismissing plaintiff's claim of excessive force asserted against this defendant with prejudice. This entire action is dismissed. Judgment shall be entered accordingly. Signed by Judge Frank J. Polozola on 1/9/12. (DCB) Modified on 1/9/2012 (DCB).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
PAUL JOSEPH WEIR (#129806)
CIVIL ACTION
VERSUS
NO. 10-0191-FJP-CN
WARDEN N. BURL CAIN, ET AL.
O P I N I O N
After independently reviewing the entire record in this case
and for reasons set forth in the Magistrate Judge's Report1 to
which no objection was filed:
IT IS ORDERED that the defendants' motion to dismiss2 be
granted, dismissing all of plaintiff's claims asserted against the
moving defendants (except the claim of excessive force asserted
against defendant Stevens), with prejudice, for failure of the
plaintiff to state a claim upon which relief may be granted.
IT IS FURTHER ORDERED that plaintiff's claims asserted against
defendant Curtis Thurman be dismissed for the same reason pursuant
to 42 U.S.C. § 1915(e) and 1915A.
IT IS FURTHER ORDERED that the plaintiff's motion for summary

1

Rec. Doc. No. 37.

2

Rec. Doc. No. 34.

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judgment3 is denied.
Stevens4

James

is

The motion for summary judgment of defendant
granted,

dismissing

plaintiff's

claim

of

excessive force asserted against this defendant with prejudice.
Therefore:
This entire action is dismissed.

Judgment shall be entered

accordingly.
Baton Rouge, Louisiana, January 9, 2012.

S
FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

3

Rec. Doc. No. 33.

4

Rec. Doc. No. 35.

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