Grogen v. Grimes et al

Filing 19

RULING Adopting 17 Report and Recommendations of the U.S. Magistrate Judge. ORDER Granting 12 Motion to Dismiss filed by Dennis Grimes, FURTHER ORDERED that claims against Sheriff Sid J. Gautreaux, Dr. Bridges, Linda Ottesen and Nurse Bradley are dismissed. Signed by Chief Judge Brian A. Jackson on 10/30/2012. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

SOLOMON GROGEN (DOC #126336)
CIVIL ACTION
VERSUS
NUMBER 12-242-BAJ-SCR
DENNIS GRIMES, ET AL
RULING
The Court has carefully considered the motion, the record, the law applicable to
this action, and the Report and Recommendation of United States Magistrate Judge
Stephen C. Riedlinger dated September 4, 2012 (doc. 17), and plaintiff’s opposition filed
September 29, 2012 (doc. 18).
The Court hereby approves the report and recommendation of the magistrate
judge and adopts it as the Court’s opinion herein.
Accordingly, IT IS ORDERED that defendant Warden Dennis Grimes’ Motion to
Dismiss is granted and the claims against him are dismissed.
IT IS FURTHER ORDERED that the claims against Sheriff Sid J. Gautreaux, III,
Dr. Bridges, Linda Ottesen and nurse Bradley are dismissed pursuant to 28 U.S.C.
§1915(e)(2)(B)(i), and without leave to amend because there is no conceivable,
nonfrivolous federal claim he could assert consistent with the facts alleged in his
complaint.

This matter is referred back to the United States Magistrate Judge for further
proceedings on the plaintiff’s excessive use of force claim against deputy Rideau.
Baton Rouge, Louisiana, October 30, 2012.

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