Smith v. Gagnard et al

Filing 54

RULING Adopting of the U.S. Magistrate Judge. The partial motion to dismiss filed by Gagnard and Washington is granted insofar as defts seek dismissal of plaintiffs claims that he was issued a false disciplinary report and that the defendants violat ed DOC regulations, and the motion is denied otherwise. Plaintiffs claim that he was issued a false disciplinary report and that the department violated Department of Corrections regulations are hereby DISMISSED without prejudice to any state law claim.. Signed by Chief Judge Brian A. Jackson on 4/30/2012. (PJH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
EARTON LYNN SMITH (#305982)
CIVIL ACTION
VERSUS
NO. 11-614-BAJ-SCR
GRADY GAGNARD, ET AL
RULING
The Court, having carefully considered the petition, the record, the law applicable
to this action, the Report and Recommendation of United States Magistrate Judge
Stephen C. Riedlinger dated March 14, 2012 (doc. 44), 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 partial motion to dismiss filed by defendants, Grady Gagnard
and Kenneth Washington, is granted insofar as defendants seek dismissal of plaintiff’s
claims that he was issued a false disciplinary report and that the defendants violated
Department of Corrections regulations, and the motion is denied otherwise.
Accordingly, IT IS ORDERED that plaintiffs claim that he was issued a false
disciplinary report and that the department violated Department of Corrections
regulations are hereby DISMISSED without prejudice to any state law claim.
Baton Rouge, Louisiana, April 30, 2012.

BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA