Allen v. Holden et al

Filing 101

RULING Adopting 78 Report and Recommendations of the U.S. Magistrate Judge: denying as moot 24 Motion to Dismiss for Failure to State a Claim filed by Kip Holden, City of Baton Rouge, granting 31 Motion to Dismiss for Failure to State a Claim f iled by Richard Anderson DISMISSING the plaintiff's claims asserted against this defendant, with prejudice. Further, the plaintiff's claims asserted against the remaining defendants are DISMISSED pursuant to 28 U.S.C. § 1915A, with the exception of the plaintiff's claim asserted against defendants Sheriff Greg Phares, Sheriff Elmer Litchfield, Warden Willie R.Douglas, Sgt. Mike Herpich, Lt. Rock Perkins, Lt. Melissa Herpich, Sft. Marento and Dpty. Rudy Hyde, in their individu al capacities, that these defendants violated his constitutional rights by housing him in a cell without running water between March 16 and June 1, 2007. This dismissal is made without prejudice to any state law claims which the plaintiff may have. This matter is referred back to the Magistrate Judge for further proceedings. Signed by Judge James J. Brady on 10/5/11. (DCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
DERRICK JEROME ALLEN (#295151)
CIVIL ACTION
VERSUS
NO. 10-753-JJB-DLD
KIP HOLDEN, ET AL.
RULING
The court has carefully considered the petition, the record, the law applicable
to this action, and the Report and Recommendation of United States Magistrate
Judge Docia L. Dalby dated August 26, 2011 (doc. no. 78). The plaintiff filed an
objection which merely restates his prior argument and has been duly considered.
The court hereby approves the report and recommendation of the magistrate
judge and adopts it as the court’s opinion herein. Accordingly, the court declines to
exercise supplemental jurisdiction over the plaintiff’s state law claims, and the Motion
to Dismiss of defendant Richard Anderson (doc. no. 31) is granted, DISMISSING the
plaintiff’s claims asserted against this defendant, with prejudice.

Further, the

plaintiff’s claims asserted against the remaining defendants are DISMISSED
pursuant to 28 U.S.C. § 1915A, with the exception of the plaintiff’s claim asserted
against defendants Sheriff Greg Phares, Sheriff Elmer Litchfield, Warden Willie R.
Douglas, Sgt. Mike Herpich, Lt. Rock Perkins, Lt. Melissa Herpich, Sft. Marento and
Dpty. Rudy Hyde, in their individual capacities, that these defendants violated his
constitutional rights by housing him in a cell without running water between March
16 and June 1, 2007. This dismissal is made without prejudice to any state law

claims which the plaintiff may have. Further, the Motion to Dismiss of Mayor Kip
Holden and the City of Baton Rouge (doc. no. 24) is DENIED AS MOOT, and this
matter is referred back to the Magistrate Judge for further proceedings.
Baton Rouge, Louisiana, October 5, 2011.

JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA