Plaisance v. LeBlanc et al

Filing 15

RULING Adopting 14 Report and Recommendations of the U.S. Magistrate Judge. The pla's claims asserted against Warden Calvert be dismissed for failure of the pla to serve this dft within 120 days as mandated by Rule 4(m) of the FRCP. The 9 Mo tion to Dismiss, filed by Chad Menzinal, Joe Lamartiniere, Burl Cain, Darryl Vannoy, James LeBlanc will be granted, dismissing the pla's claims asserted against the remaining dfts, with prejudice, and that this action be dismissed. Signed by Chief Judge Ralph E. Tyson on 06/06/2011. (NLT)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

MANUEL PLAISANCE (#196480)

CIVIL ACTION

VERSUS
JAMES LeBLANC, ET AL

NO. 10-602-RET
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
Stephen C. Riedlinger dated March 28, 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 Warden Calvert will be
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 defendants’ Motion to
Dismiss, rec.doc.no. 9, will be granted, dismissing the plaintiff’s claims asserted against
the remaining defendants, with prejudice, and that this action will be dismissed.
Baton Rouge, Louisiana, June

6

, 2011.

S
RALPH E. TYSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA