Tasby v. Cain et al

Filing 128

RULING Adopting the 125 Report and Recommendation of the U.S. Magistrate Judge. The Court declinesto exercise supplemental jurisdiction over Plaintiff's state law claims and Plaintiff's claims asserted against Defendants Ms. Peabody, K risten Thomas, Dr. Reinbold and David Ankenbrand are DISMISSED for failure of Plaintiff to timely effect service against these Defendants in accordance with Fed. R. Civ. P. 4(m). Further, Plaintiff's 47 Motion for Entry of Judgment is DENIED and the 22 Motion for Summary Judgment of Defendants N. Burl Cain, Carol Gilcrease, Dr. Matthew Gamble and Darrel Vannoy are GRANTED, dismissing Plaintiffs claims asserted against these Defendants, with prejudice. Further, summary judgment is GR ANTED sua sponte in favor of Defendants James LeBlanc and Stephanie Lamartiniere and alternatively in favor of Defendants Ms. Peabody, Kristen Thomas, Dr. Reinbold and David Ankenbrand for the same reasons stated in favor of Defendants N. Burl Cai n, Carol Gilcrease, Dr. Matthew Gamble and Darrel Vannoy,. Finally, the pending 18 , 91 Motions to Dismiss of Defendants N. Burl Cain, Carol Gilcrease, Dr. Matthew Gamble, Darrel Vannoy, James LeBlanc and Stephanie Lamartiniere are DENIED as moot and all other pending motions (R. Docs. 39, 41, 43, 45, 46 and 66) are DENIED. Signed by Judge James J. Brady on 9/27/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
VIDALE TASBY (#330329)
CIVIL ACTION
VERSUS
NO. 16-277-JJB-EWD
N. BURL CAIN, WARDEN, 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 Judge Erin Wilder-Doomes dated September 12, 2017 (R. Doc. 125) 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 Court declines
to exercise supplemental jurisdiction over Plaintiff’s state law claims and Plaintiff’s
claims asserted against Defendants Ms. Peabody, Kristen Thomas, Dr. Reinbold
and David Ankenbrand are DISMISSED for failure of Plaintiff to timely effect
service against these Defendants in accordance with Fed. R. Civ. P. 4(m).
Further, Plaintif’s Motion for Entry of Judgment (R. Doc. 47) is DENIED and the
Motion for Summary Judgment of Defendants N. Burl Cain, Carol Gilcrease, Dr.
Matthew Gamble and Darrel Vannoy (R. Doc. 22) are GRANTED, dismissing
Plaintiff’s claims asserted against these Defendants, with prejudice.

Further,

summary judgment is GRANTED sua sponte in favor of Defendants James

LeBlanc and Stephanie Lamartiniere – and alternatively in favor of Defendants Ms.
Peabody, Kristen Thomas, Dr. Reinbold and David Ankenbrand – for the same
reasons stated in favor of Defendants N. Burl Cain, Carol Gilcrease, Dr. Matthew
Gamble and Darrel Vannoy,.

Finally, the pending Motions to Dismiss of

Defendants N. Burl Cain, Carol Gilcrease, Dr. Matthew Gamble, Darrel Vannoy,
James LeBlanc and Stephanie Lamartiniere (R. Docs. 18 and 91) are DENIED as
moot and all other pending motions (R. Docs. 39, 41, 43, 45, 46 and 66) are
DENIED.
Signed in Baton Rouge, Louisiana, on September 27, 2017.

JUDGE JAMES J. BRADY
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA