Mitchell v. Thomas et al

Filing 51

OPINION Adopting the 48 Report and Recommendation of the U.S. Magistrate Judge. Sgt. Roberts 28 Motion to Dismiss for Failure to State a Claim is GRANTED and the 32 Motion for Leave to File Amended Complaint for Damages is DENIED as futile . The dismissal is without prejudice to Plaintiff filing a Second Amended Complaint within thirty (30) days of the date this opinion. Sgt. Roberts 44 Motion to Stay Discovery, pending resolution of the Motion to Dismiss is DENIED as moot. Signed by Judge John W. deGravelles on 12/6/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
DAVID MITCHELL
CIVIL ACTION
VERSUS
NO. 17-90-JWD-EWD
WILLIE THOMAS, ET AL.
OPINION
After independently reviewing the entire record in this case and for reasons set forth in the
Magistrate Judge's Report dated November 21, 2017, to which an objection was filed;
IT IS ORDERED that Sgt. Roberts’ Motion to Dismiss is GRANTED, (Doc. 28) and that
Plaintiff’s Motion for Leave to File Amended Complaint for Damages, (Doc. 32) is DENIED as
futile.
IT IS FURTHER ORDERED that the dismissal is without prejudice to Plaintiff filing a
Second Amended Complaint within thirty (30) days of the date this opinion.
IT IS FURTHER ORDERED that Sgt. Roberts’ Motion to Stay Discovery, (Doc. 44)
pending resolution of the Motion to Dismiss is DENIED as moot.
Signed in Baton Rouge, Louisiana, on December 6, 2017.

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