Texada v. LeBlanc et al

Filing 21

RULING Adopting 19 Report and Recommendation of the U.S. Magistrate Judge. The 12 Motion to Dismiss is GRANTED in part, dismissing all of the plaintiff's claims except that he was subject to unconstitutional conditions of confinement by being exposed to excessive heat and inadequate ventilation while confined in a booth cell on Gar Unit, and this matter is referred back to the Magistrate Judge for further proceeding. Signed by Judge James J. Brady on 06/03/2015. (BCL)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA MARTIN LUTHER TEXADA (#399339) CIVIL ACTION VERSUS NO. 14-596-JJB-SCR JAMES M. LEBLANC, 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 Stephen C. Riedlinger dated May 6, 2015 (doc. no. 19) to which no objection has been filed. The court hereby approves the report and recommendation of the magistrate judge and adopts it as the court’s opinion herein. Accordingly, the defendant’s Motion to Dismiss is GRANTED in part, dismissing all of the plaintiff’s claims except that he was subject to unconstitutional conditions of confinement by being exposed to excessive heat and inadequate ventilation while confined in a booth cell on Gar Unit, and this matter is referred back to the Magistrate Judge for further proceedings. Baton Rouge, Louisiana, June 3, 2015. JAMES J. BRADY, JUDGE MIDDLE DISTRICT OF LOUISIANA

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