Calzadilla v. Kent et al

Filing 27

OPINION Adopting 23 Report and Recommendation of the U.S. Magistrate Judge. Defendants' 21 Motion to Dismiss is granted in part, dismissing the plaintiff's claims against defendants Terry Gray and Jason, without prejudice, and dismi ssing the plaintiff's claim for retaliation against Dr. Cleveland and Nurse Day, with prejudice. The Court declines to exercise of supplemental jurisdiction in connection with the plaintiff's potential state law claims. In all other regards, the Motion to Dismiss (R. Doc. 21) is denied, and this matter is referred back to the Magistrate Judge for further proceedings. Signed by Judge John W. deGravelles on 2/6/2019. (KAH)

UNITED STATES DISTRICT COURT
:MIDDLE DISTRICT OF LOUISIANA
LIDIO CALZADILLA (#102417)
VERSUS
JASON KENT, ET AL.

CIVIL ACTION
NO.17-599-JWD-RLB

OPINION
After independently reviewing the entire record in this case and for the reasons set
forth in the Magistrate Judge's Report dated January 15, 2019, to which an opposition was
filed;
IT IS ORDERED that the defendants' Motion to Dismiss (R. Doc. 21) is granted in
part, dismissing the plaintiff's claims against defendants Terry Gray and Jason, without
prejudice, and dismissing the plaintiff's claim for retaliation against Dr. Cleveland and Nurse
Day, with prejudice.
IT IS FURTHER ORDERED that the Court declines to exercise of supplemental
jurisdiction in connection with the plaintiff's potential state law claims.
IT IS FURTHER ORDERED that in all other regards, the Motion to Dismiss (R.
Doc. 21) is denied, and this matter is referred back to the Magistrate Judge for further
proceedings.
Signed in Baton Rouge, Louisiana, on February 6. 2019.
EJ HNW. deGRAVELLES
UNITS:TES DISTRICT COURT
:MIDDLE DISTRICT OF LOUISIANA