Hicks v. Department of Public Safety & Corrections et al

Filing 86

RULING: Defendants' 22 MOTION for Partial Dismissal for Lack of Subject Matter Jurisdiction is GRANTED, and Plaintiff's claims for injunctive and declaratory relief are dismissed with prejudice Signed by Chief Judge Shelly D. Dick on 7/14/2021. (SWE) Modified on 7/15/2021 to edit the text(SWE).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

ELLIS RAY HICKS

CIVIL ACTION

VERSUS

19-108-SDD-RLB

DEPARTMENT OF PUBLIC SAFETY &
CORRECTIONS, ET AL.

RULING
This matter is before the Court on the Motion for Partial Dismissal for Lack of
Subject Matter Jurisdiction1 by Defendants, State of Louisiana through the Louisiana
Department of Public Safety and Corrections (“DOC”), James LeBlanc (“LeBlanc”), and
Terry Lawson (“Lawson”)(or, collectively, “Defendants”). In this motion, Defendants move
to dismiss Plaintiff’s claims for injunctive and declaratory relief.

In Plaintiff’s initial

Opposition, Plaintiff conceded the dismissal of his claims for injunctive relief but
maintained his entitlement to declaratory relief.2 However, in Plaintiff’s most recent
Opposition to a subsequent motion filed by these Defendants, Plaintiff now voluntarily
dismisses all claims for declaratory relief.3

1

Rec. Doc. No. 22.
Rec. Doc. No. 74.
3
Rec. Doc. No. 85, filed in opposition to Defendants’ Motion to Dismiss Second Amended Complaint, Rec.
Doc. No. 84.
2

Document Number: 58636 
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Accordingly, Defendants’ Motion for Partial Dismissal for Lack of Subject Matter
Jurisdiction4 is GRANTED, and Plaintiff’s claims for injunctive and declaratory relief are
dismissed with prejudice.
IT IS SO ORDERED.
Signed in Baton Rouge, Louisiana on July 14, 2021.

S

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

4

Rec. Doc. No. 22.

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