Wade v. Cain

Filing 71

OPINION Adopting the 67 Report and Recommendation of the U.S. Magistrate Judge. Plaintiff's claims asserted against Defendants Major Slater, E.M.T. Cleveland Cashio, E.M.T., M. Bordelon and David Ankenbrand are dismissed for failure of Plain tiff to serve these Defendants within 120 days as mandated by Fed. R. Civ. P. 4(m). The 37 Motion for Partial Summary Judgment of Defendants Leslie Dupont, Jimmy Smith and Chad Oubre is granted in part, dismissing Plaintiff's claims asser ted against Defendants Dupont, Smith and Oubre in their official capacities for monetary damages, and otherwise denied. The Plaintiff's 34 , 45 Motion for Partial Summary Judgment are denied and this matter is referred back to the Magistrate Judge. Signed by Judge John W. deGravelles on 9/27/2016. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
TROY D. WADE (#305401)
CIVIL ACTION
VERSUS
NO. 15-737-JWD-EWD
WARDEN N. BURL CAIN, ET AL.
OPINION
After independently reviewing the entire record in this case and for reasons set forth in the
Magistrate Judge's Report filed on August 24, 2016, to which objections, (Docs. 68 and 69), were
filed:
IT IS ORDERED that Plaintiff’s claims asserted against Defendants Major Slater, E.M.T.
Cleveland Cashio, E.M.T. M. Bordelon and David Ankenbrand are dismissed for failure of
Plaintiff to serve these Defendants within 120 days as mandated by Fed. R. Civ. P. 4(m).
IT IS FURTHER ORDERED that the Motion for Partial Summary Judgment of
Defendants Leslie Dupont, Jimmy Smith and Chad Oubre (R.

Doc. 37) is granted in part,

dismissing Plaintiff’s claims asserted against Defendants Dupont, Smith and Oubre in their official
capacities for monetary damages, and otherwise denied.
IT IS FURTHER ORDERED that Plaintiff’s Motions for Summary Judgment (R. Docs.
34 and 45) are denied and this matter is referred back to the Magistrate Judge for further
proceedings.
Signed in Baton Rouge, Louisiana, on September 27, 2016.

S

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA