Jacobs v. LeBlanc et al

Filing 85

OPINION Adopting 83 Report and Recommendations of the U.S. Magistrate Judge. It is ORDERED that pltfs claims asserted against defts Lollis and Ware shall be dismissed for failure of the pltf to serve these defts within 120 days as mandated by FRCP 4(m). FURTHER ORDERED that the Court declines to exercise supplemental jurisdiction, that the pltfs 64 Motion for Summary Judgment shall be denied, and that the defts Motions to Dismiss 19 53 shall be granted in part, dismissing the pltfs cla ims asserted against deft James LeBlanc and dismissing all of the pltfs claims asserted against the remaining defts except his claim for monetary damages asserted against the defts in their individualcapacities and his claim for declaratory and injun ctive relief asserted against the defts in their individual and official capacities arising out of the defts alleged deliberate indifference to the pltfs exposure to environmental tobacco smoke. FURTHER ORDERED that this matter shall be referred back to the Magistrate Judge for further proceedings. Signed by Judge Frank J. Polozola on 3/17/2011. (JDL)

-CN Jacobs v. LeBlanc et al

Doc. 85

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ZZEUNDRE JACOBS (#447048) CIVIL ACTION VERSUS NO. 10-0271-FJP-CN SECRETARY JAMES M. LeBLANC, 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 Report to which an objection was filed: IT IS ORDERED that the plaintiff's claims asserted against
defendants Lollis and Ware shall be dismissed for failure of the

plaintiff to serve these defendants within 120 days as mandated by Rule 4(m) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that the the Court declines Motion to for exercise Summary

supplemental

jurisdiction,

that

plaintiff's

Judgment1 shall be denied, and that the defendants' Motions to Dismiss2 shall be granted in part, dismissing the plaintiff's claims asserted against defendant James LeBlanc and dismissing all of the plaintiff's claims asserted against the remaining defendants except his claim for monetary damages asserted against the defendants in their individual capacities and his claim for declaratory and injunctive relief asserted

1

Rec. Doc. NO. 64. Rec. Doc. Nos. 19 and 53.

2

Doc#47183

Dockets.Justia.com

against the defendants in their individual and official capacities arising out of the defendants' alleged deliberate indifference to the plaintiff's exposure to environmental tobacco smoke. IT IS FURTHER ORDERED that this matter shall be referred back to the Magistrate Judge for further proceedings.

Baton Rouge, Louisiana, March 17, 2011.

9 FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

Doc#47183