Adams v. McCoy et al

Filing 57

RULING Adopting of the U.S. Magistrate Judge. The Court decline to exercise supplemental jurisdiction over the plaintiffs state law claims and that the defendants Motion to dismiss, rec.doc.no. 18, be granted in part and denied in part, such that the plaintiffs claims asserted against defendants Bruce Dodd, Jonathan Roundtree, Donald Barr and Earl Gordon be dismissed in their entirety, with prejudice, that the plaintiffs claim of retaliation asserted against defendant Anthony McCoy be denied, an d that this matter be referred back for further proceedings in connection with the plaintiffs claim of deliberate medical indifference against defendants Anthony McCoy and James Summers, in their individualcapacities. Signed by Chief Judge Brian A. Jackson on 12/23/2011. (PJH)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA COREY ADAMS (357624) CIVIL ACTION VERSUS NO. 11-129-BAJ-CN JAMES SUMMERS, ET AL RULING The Court, having carefully considered the motion, the record, the law applicable to this action, the Report and Recommendation of United States Magistrate Judge Christine Noland dated November 9, 2011 (doc. 54), and plaintiff’s objection thereto, hereby approves the report and recommendation of the magistrate judge and adopts it as the Court’s opinion herein. Accordingly, the Court decline to exercise supplemental jurisdiction over the plaintiff’s state law claims and that the defendants’ Motion to dismiss, rec.doc.no. 18, be granted in part and denied in part, such that the plaintiff’s claims asserted against defendants Bruce Dodd, Jonathan Roundtree, Donald Barr and Earl Gordon be dismissed in their entirety, with prejudice, that the plaintiff’s claim of retaliation asserted against defendant Anthony McCoy be denied, and that this matter be referred back for further proceedings in connection with the plaintiff’s claim of deliberate medical indifference against defendants Anthony McCoy and James Summers, in their individual capacities. Baton Rouge, Louisiana, December 23, 2011. BRIAN A. JACKSON, CHIEF JUDGE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

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