Ringo v. Ard et al

Filing 25

RULING and Order Adopting 24 Report and Recommendation of the U.S. Magistrate Judge. Denied Without Prejudice 8 MOTION to Dismiss for Failure to State a Claim; 15 MOTION to Dismiss; 16 Motion to Dismiss; 19 Motion to Dismiss; 20 MOTIO N to Extend Deadline for Plaintiff to file Opposition to Motion to Dismiss. Counsel for Defendants are ordered to personally serve the successors or representatives of the estate of the deceased Plaintiff, Robert Ringo, with the Rule 25(a)(1) Statement Noting Death by 4/13/2017. Signed by Chief Judge Brian A. Jackson on 03/17/2017. (EDC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
ROBERT RINGO

CIVIL ACTION

VERSUS
JASON ARD, ET AL.

NO.: 15-00713-BAJ-EWD
RULING AND ORDER

Before the Court is the United States Magistrate Judge’s Report and
Recommendation (Doc. 24), pursuant to 28 U.S.C. § 636(b)(1). The Magistrate
Judge recommended that the Defendants’ pending motions (Docs. 8, 15, 16, 19, and
20) in this proceeding be terminated on the Court’s Docket, without prejudice to reassertion upon the substitution of a proper party-plaintiff herein. (Doc. 24 at p. 4).
The Magistrate Judge further recommended that Defendants be directed to
undertake to personally serve the successors or representatives of the estate of the
deceased Plaintiff, Robert Ringo, with the Rule 25(a)(1) Statement Noting Death filed
in this proceeding. (Id.).
The Report and Recommendation notified the Defendants that, pursuant to 28
U.S.C. § 636(b)(1), they had fourteen (14) days from the date of the Report and
Recommendation to file written objections to the proposed findings of fact,
conclusions of law and recommendations therein. (Doc. 24 at p. 1). No objections were
filed.

Having carefully considered the underlying Complaint, the instant motions,
and related filings, the Court approves the Magistrate Judge’s Report and
Recommendation, and hereby adopts the findings of fact, conclusions of law, and
recommendation.
Accordingly,
IT

IS

ORDERED

that

the

Magistrate

Judge’s

Report

and

Recommendation (Doc. 24) is ADOPTED as the Court’s opinion herein.
IT IS FURTHER ORDERED that the Motion to Dismiss, Pursuant to
FRCP Rule12(b)(6), for Failure to State a Claim Upon Which Relief can be
Granted (Doc. 8) by Defendants David Guidry and Scott Perrilloux is DENIED
WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the Motion to Dismiss (Doc. 15) by
Defendants Jason Ard, Sheriff of Livingston Parish, State of Louisiana (also
improperly named as the Livingston Parish Sheriff’s Office), and Stan Carpenter is
DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the Motion to Dismiss (Doc. 16) by
Defendant Paul Perkins is DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the Motion to Dismiss (Doc. 19) by
Defendant Sherman Mack is DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the Motion to Extend Deadline for
Plaintiff to File Opposition to Motion to Dismiss (Doc. 20) by Defendants Jason
Ard, State of Louisiana, and Stan Carpenter is DENIED WITHOUT PREJUDICE.
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IT IS FURTHER ORDERED that counsel for Defendants are ordered to
personally serve the successors or representatives of the estate of the deceased
Plaintiff, Robert Ringo, with the Rule 25(a)(1) Statement Noting Death by April 13,
2017.

Baton Rouge, Louisiana, this 17th day of March, 2017.

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

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