Montana v. Vannoy et al

Filing 22

OPINION adopting 20 Report and Recommendation of the U.S. Magistrate Judge. The Court declines the exercise of supplemental jurisdiction in connection with any potential state law claims. Any claims against defendants Major BenjaminZeringue and Sgt . John Doe be dismissed without prejudice for failure to serve. the defendants' Motion be granted in part, and that the plaintiff's claims for monetary damages asserted against defendant Hayes in his official capacity be dismissed, and all claims against defendant Vannoy be dismissed. all other regards, the defendants' Motion be denied. Signed by Judge John W. deGravelles on 9/28/2017. (SGO)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
ELLIOT MONTANA (#293682)
CIVIL ACTION
VERSUS
NO. 16-766-JWD-RLB
DARREL VANNOY, ET AL.
OPINION
After independently reviewing the entire record in this case and for the reasons set
forth in Magistrate Judge's Report dated September 12, 2017, to which no objection was filed:
IT IS ORDERED that the Court declines the exercise of supplemental jurisdiction in
connection with any potential state law claims.
IT IS FURTHER ORDERED that any claims against defendants Major Benjamin
Zeringue and Sgt. John Doe be dismissed without prejudice for failure to serve.
IT IS FURTHER ORDERED that the defendants’ Motion (R. Doc. 16) be granted in
part, and that the plaintiff’s claims for monetary damages asserted against defendant Hayes
in his official capacity be dismissed, and all claims against defendant Vannoy be dismissed.
IT IS FURTHER ORDERED that in all other regards, the defendants’ Motion (R.
Doc. 16) be denied.
Signed in Baton Rouge, Louisiana, on September 28, 2017.

S

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