Johnson v. Sanders

Filing 18

OPINION: For the reasons set forth in the 16 Report and Recommendation of the Magistrate Judge, the following claims by Plaintiff are dismissed with prejudice as legally frivolous and/or for failure to state a claim pursuant to 28 U.S.C. §
67; 1915(e) and 1915A: retaliation, conspiracy, due process violations, verbal remarks and harassment, excessive force for the incident occurring on March 22, 2019, claims purportedly brought on behalf of others related to underground hate crimes, an d claims against Nicholas Sanders in his official capacity for monetary damages. Supplemental jurisdiction is DECLINED and, if amendment is sought, leave is DENIED. This matter is referred to Magistrate Judge Wilder-Doomes for further proceedings on Plaintiff's remaining claims, i.e., Plaintiff's claims against Sanders for monetary relief in Sanders' individual capacity for the acts of excessive force allegedly occurring on 11/19/2018. Signed by Judge John W. deGravelles on 7/14/2021. (DCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
ANDRE JOHNSON (#375946)
CIVIL ACTION

VERSUS

NO.19-788-JWD-EWD

NICHOLAS SANDERS
OPINION

After independently reviewing the entire record in this case and for the reasons set
forth in the Magistrate Judge's Report dated July 2, 2021 (Doc. 16), to which an objection
(Doc. 17) was filed and considered,
IT IS ORDERED that the following claims by Andre Johnson are DISMISSED
WITH PREJUDICE as legally frivolous and/or for failure to state a claim pursuant to 28
U.S.C. §§ 1915(e) and 1915A: retaliation, conspiracy, due process violations, verbal remarks
and harassment, excessive force for the incident occurring on March 22, 2019, claims
purportedly brought on behalf of others related to “underground hate crimes,” and claims
against Nicholas Sanders in his official capacity for monetary damages.
IT IS FURTHER ORDERED that supplemental jurisdiction is DECLINED and, if
amendment is sought, leave is DENIED.
IT IS FURTHER ORDERED that this matter is referred to Magistrate Judge WilderDoomes for further proceedings on Plaintiff’s remaining claims, i.e., Plaintiff’s claims against
Sanders for monetary relief in Sanders’ individual capacity for the acts of excessive force
allegedly occurring on November 19, 2018
Signed in Baton Rouge, Louisiana, on July 14, 2021.

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