Hoyt v. LeBlanc et al

Filing 5

OPINION : Adopting 4 Report and Recommendation of the U.S. Magistrate Judge. The claims of Johnny Hoyt against James LeBlanc, as well as all claims arising from alleged violations of equal protection, due process related to the original disciplinar y proceedings, claims for injunctive relief against Darryl Vannoy, Michael Jack, and Tammy Hendrickson in their individual capacities, and state law claims arising under the Louisiana Constitution Article I, §§ 1, 3, and 20 are DISMISSED WI TH PREJUDICE pursuant to 28 U.S.C. §§ 1915(e) and 1915A for failure to state a claim upon which relief may be granted. Hoyts Eighth Amendment claims regarding the conditions of his confinement are DISMISSED WITHOUT PREJUDICE to Hoyts right to file an amended complaint that cures, if and where possible, the deficiencies outlined in the Magistrate Judges Report with respect to this claim. Signed by Judge John W. deGravelles on 1/5/2022. (ELW)

Case 3:20-cv-00865-JWD-EWD

Document 5

01/07/22 Page 1 of 2

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
JOHNNY HOYT (#479082)
CIVIL ACTION NO.
20-865-JWD-EWD

VERSUS
JAMES M. LeBLANC, ET AL.
OPINION

After independently reviewing the entire record in this case and for the reasons set
forth in the Magistrate Judge's Report dated November 24, 2021 (Doc. 4), to no objection was
filed;
IT IS ORDERED that the claims of Johnny Hoyt against James LeBlanc, as well as
all claims arising from alleged violations of equal protection, due process related to the
original disciplinary proceedings, claims for injunctive relief against Darryl Vannoy, Michael
Jack, and Tammy Hendrickson in their individual capacities, and state law claims arising
under the Louisiana Constitution Article I, §§ 1, 3, and 20 are DISMISSED WITH
PREJUDICE pursuant to 28 U.S.C. §§ 1915(e) and 1915A for failure to state a claim upon
which relief may be granted.
IT IS FURTHER ORDERED that Hoyt’s Eighth Amendment claims regarding the
conditions of his confinement are DISMISSED WITHOUT PREJUDICE to Hoyt’s right to
file an amended complaint that cures, if and where possible, the deficiencies outlined in the
Magistrate Judge’s Report with respect to this claim. In the event Hoyt fails to adequately
amend his Complaint within twenty-one days of this Ruling, this claim also will be dismissed
with prejudice.

Case 3:20-cv-00865-JWD-EWD

Document 5

01/07/22 Page 2 of 2

IT IS FURTHER ORDERED that this matter is referred back to the Magistrate Judge
for further proceedings on Hoyt’s remaining claims for injunctive relief against Darryl
Vannoy, Tammy Hendrickson, and Michael Jack in their official capacities for due process
violations arising from his continued confinement in CCR brought pursuant to the Fourteenth
Amendment to the United States Constitution and Article I, § 2 of the Louisiana Constitution.
Signed in Baton Rouge, Louisiana, on January 5, 2022.

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