Smith v. Gagnard et al

Filing 61

RULING Adopting 57 Report and Recommendations, 37 Motion for Partial Summary Judgment filed by Earton Lynn Smith iS DENIED 53 Motion for Summary Judgment filed by Grady Gagnard, Bruce Dodd, Kenneth Washington, is GRANTED and the claims against defendants Capt. Grady Gagnard, Msgt. Kenneth Washington and Dy. Warden Bruce Dodd are dismissed. The Court declines to exercise supplemental jurisdiction over any state law claim. Signed by Chief Judge Brian A. Jackson on 07/23/2012.(KDC) Modified on 7/23/2012 to correct text (KDC). Modified on 7/23/2012 (KDC).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
EARTON LYNN SMITH (30582)
CIVIL ACTION
VERSUS
NO. 11-614-BAJ-SCR
GRADY GAGNARD, ET AL
RULING
The court has carefully considered the motions, the record, the law applicable
to this action, and the Report and Recommendation of United States Magistrate
Judge Stephen C. Riedlinger dated May 17, 2012 (doc. no. 57), and plaintiff’s
objection filed May 23, 2012 (doc. 59), hereby approves the report and
recommendation of the magistrate judge and adopts it as the court’s opinion herein.
Accordingly, plaintiff’s partial motion for summary judgment (doc. 37) is
DENIED and the defendants’ motion for summary judgment (doc. 53) is GRANTED,
and the claims against defendants Capt. Grady Gagnard, Msgt. Kenneth
Washington and Dy. Warden Bruce Dodd are dismissed. The Court declines to
exercise supplemental jurisdiction over any state law claim.
Baton Rouge, Louisiana, July 23, 2012.

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