Berry, Jr. v. Orr et al

Filing 14

OPINION Adopting the 12 Report and Recommendation of the U.S. Magistrate Judge. The 7 Motion to Dismiss is granted in part, dismissing (1) the plaintiff's claims against defendant Falgout, in their entirety, with prejudice; and (2) the p laintiff's claims regarding the issuance of a false disciplinary report and errors in his disciplinary proceeding against defendants Jones and Orr, with prejudice. This matter be referred back to the Magistrate Judge for further proceedings he rein regarding the plaintiff's claims for conspiracy, excessive force, and deliberate indifference. Plaintiff be given 21 days to amend his Complaint to allege facts as to physical injuries sustained, if any, due to the alleged use of excessive force and deliberate indifference to his serious medical needs. Signed by Judge John W. deGravelles on 9/9/2021. (LLH)

Case 3:21-cv-00027-JWD-RLB

Document 14

09/09/21 Page 1 of 1

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
WILLIE E. BERRY, JR. (#354431)
CIVIL ACTION
VERSUS
NO. 21-27-JWD-RLB
JOHN ORR, 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 August 19, 2021 (Doc. 12), to which an objection
was filed and considered, (Doc. 13),
IT IS ORDERED that the defendants’ Motion to Dismiss (R. Doc. 7) is granted, in
part, dismissing: (1) the plaintiff’s claims against defendant Falgout, in their entirety, with
prejudice; and (2) the plaintiff’s claims regarding the issuance of a false disciplinary report and
errors in his disciplinary proceeding against defendants Jones and Orr, with prejudice.
IT IS FURTHER ORDERED that, in all other regards, the defendants’ Motion is
denied, and that this matter be referred back to the Magistrate Judge for further proceedings
herein regarding the plaintiff’s claims for conspiracy, excessive force, and deliberate
indifference.
IT IS FURTHER ORDERED that the plaintiff be given 21 days to amend his
Complaint to allege facts as to physical injuries sustained, if any, due to the alleged use of
excessive force and deliberate indifference to his serious medical needs.
Signed in Baton Rouge, Louisiana, on September 9, 2021.

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