Spradley v. Tircuit et al

Filing 16

RULING Adopting 13 Report and Recommendations of the U.S. Magistrate Judgeas to 10 Motion to Dismiss for Failure to State a Claim filed by Craig White, Donald Johnson, Carl Thomas. Accordingly, the defendants motion to dismiss is GRANTED in part , DISMISSING the plaintiffs claims against Maj. Carl Thomas and Lt. Donald Johnson. Further, defendant Sgt. Craig Whites motion to dismiss is DENIED and this matter is referred back to the magistrate judge for further proceedings on the plaintiffs failure to protect claim against Sgt. Craig White. Signed by Judge James J. Brady on 11378. (LSM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
KENNETH SPRADLEY (#101526)
CIVIL ACTION
VERSUS
NO. 11-378-JJB-DLD
WARDEN J. TIRCUIT, 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 30, 2011 (doc. no. 13). 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 defendants’
motion to dismiss is GRANTED in part, DISMISSING the plaintiff’s claims against
Maj. Carl Thomas and Lt. Donald Johnson. Further, defendant Sgt. Craig White’s
motion to dismiss is DENIED and this matter is referred back to the magistrate judge
for further proceedings on the plaintiff’s failure to protect claim against Sgt. Craig
White.
Baton Rouge, Louisiana, October 5, 2011.

JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA