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)

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