Bell v. LeBlanc et al

Filing 51

RULING AND ORDER Adopting 49 Report and Recommendation of the U.S. Magistrate Judge; granting 44 Motion for Summary Judgmen. Plaintiff's claims against James LeBlanc, Darryl Vannoy, Timothy Delaney, Joseph Lamartiniere, and Jerry Hancock are DISMISSED. Plaintiff's remaining claims against John/Jane Doe #1 are DISMISSED sua sponte for failure to state a legally cognizable claim. A final judgment shall issue in accordance with FRCP 58. Signed by Judge Brian A. Jackson on 3/11/2020. (SWE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
KIRK M. BELL (#225904) CIVIL ACTION

VERSUS
JAMES M. LEBLANC, ET AL. NO.: 17-00671-BAJ-EWD

RULING AND ORDER
Before the Court is the United States Magistrate Judge's Report and
Recommendation (Doc. 49) pursuant to 28 U.S.C. § 636(b)(l). The Report and
Recommendation addresses Defendants Motion for Summary Judgment (Doc.
44), submitted by Defendants James LeBlanc, Darryl Vannoy, Timothy Delaney,
Joseph Lamartiniere, and Jerry Hancock. The Magistrate Judge recommended that

Plaintiffs claims against all moving Defendants be dismissed with prejudice. It was
further recommended that Plaintiffs claims against the remaining Defendant,
John/Jane Doe #1, be dismissed with prejudice sua sponte due to Plaintiffs failure to
state a legally cognizable claim. Lastly, the Report and Recommendation
recommended that, with no claims remaining, this action be dismissed with
prejudice.

The Report and Recommendation notified the parties that, pursuant to 28
U.S.C. § 636(b)(l), they had fourteen (14) days from the date they received the Report
and Recommendation to file written objections to the proposed findings of fact,

conclusions of law, and recommendations therein. Plaintiff filed a timely Objection
(Doc. 50).
Plaintiffs Objection brings several challenges to the Report and
Recommendation. Upon review of the factors presented for consideration, Plaintiffs

Objection fails to cite any statutes or jurisprudence in support of his challenges and
fails to cure the deficiencies noted in the Report and Recommendation. The Court
concludes that the Magistrate Judge has holistically addressed the applicable law
that relates to the facts alleged in Plaintiffs Complaint and has properly applied the
controlling law.

Having carefully and independently considered the underlying Complaint, the
instant motions, and related filings, the Court approves the Magistrate Judge's
Report and Recommendation, and hereby adopts its findings of fact, conclusions of
law, and recommendation.

Accordingly,

IT IS ORDERED that the Magistrate Judge's Report and
Recommendation (Doc. 49) is ADOPTED as the Court s opinion herein.

IT IS FURTHER ORDERED that that the Defendants' Motion for
Summary Judgment (Doc. 44), filed by Defendants James LeBIanc, Darryl
Vannoy, Timothy Delaney, Joseph Lamartiniere, and Jerry Hancock is GRANTED.

IT IS FURTHER ORDERED that Plaintiffs claims against James LeBlanc,
Darryl Vannoy, Timothy Delaney, Joseph Lamartiniere, and Jerry Hancock are

DISMISSED.

2

IT IS FURTHER ORDERED that Plaintiffs remaining claims against
John/Jane Doe #1 are DISMISSED sua sponte for failure to state a legally cognizable
claim. A final judgment shall issue in accordance with Federal Rule of Civil Procedure
58.

l{^

Baton Rouge, Louisiana, this ' "'"day of March, 2020.

^L
JUDGE BRIAN A>^ACKSON

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA