Gibson v. LeBlanc

Filing 107

RULING Adopting Report and Recommendation of the U.S. Magistrate Judge; granting in part and denying in part 77 Motion to Dismiss ; granting in part and denying in part 86 Motion to Dismiss ; granting in part and denying in part 100 Motion to Dismiss. This matter is referred back to the Magistrate Judge for further proceedings. Signed by Judge Shelly D. Dick on 10/4/2017. (BKA)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

KENNETH CROWL (#507713)
CIVIL ACTION
VERSUS
16-354-SDD-RLB
DARREL VANNOY, ET AL.

RULING
The Court, after carefully considering the Complaint,1 the record, the law
applicable to this action, and the Report and Recommendation2 of United States
Magistrate Judge Richard L. Bourgeois dated September 12, 2017, to which no objection
has been filed, hereby approves the Report and Recommendation of the Magistrate
Judge and adopts it as the Court’s opinion herein.
ACCORDINGLY, the Motions to Dismiss3 filed by Jonathon Roundtree, Kristopher
Lavigne, Allen Stark, Wame Wagganspack, and Jayson Thornhill are GRANTED IN
PART AND DENIED IN PART. The Defendants’ Motions are DENIED AS MOOT with
regards to the Plaintiff’s ADA, RA, RICO, equal protection, and free exercise claims.
IT IS FURTHER ORDERED that, in all other regards, the Motions are GRANTED
and the Plaintiff’s claims against Defendants, Dr. Jonathan Roundtree, EMS Sgt.
Kristopher Lavigne, Lt. Allen Stark, Dr. Wame Waggenspack, and Jayson Thornhill, are
dismissed with prejudice.

1

Rec. Doc. 1.
Rec. Doc. 106.
3
Rec. Docs. 77, 86, and 100.
2

IT IS FURTHER ORDERED that this matter be referred back to the Magistrate
Judge for further proceedings.
Signed in Baton Rouge, Louisiana on October 4, 2017.

S

JUDGE SHELLY D. DICK
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA