Jones v. Letcher et al

Filing 11

RULING AND ORDER Adopting 10 Report and Recommendation of the U.S. Magistrate Judge. Plaintiff's claims for violation of prison rules be and are hereby dismissed with prejudice. Plaintiff's claim against Defendant Timothy Hooper, and h is claim against Defendant Keenan Letcher for deliberate indifference, be and are hereby dismissed without prejudice. On or before October 24, 2024, Plaintiff may file an amended complaint that addresses the issues with these claims that were highlighted by the Magistrate Judge in her Report. Signed by Judge Brian A. Jackson on 09/24/2024. (CIS) Modified on 9/24/2024 to edit docket text (CIS).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
WILLIE JONES CIVIL ACTION
VERSUS
KEENAN LETCHER, ET AL. NO. 23-00053-BAJ-EWD

RULING AND ORDER
This pro se civil rights action asserts a violation of Plaintiffs Eighth
Amendment rights and requests monetary, injunctive, and declaratory relief. Based

on the screening permitted by 28 U.S.C. § 1915(e), and required by 28 U.S.C. §1915A,
the Magistrate Judge has issued a Report and Recommendation (Doc. 10, the
"Report"), recommending that (1) Plaintiffs claims against Defendant Tim Hooper
and Plaintiffs claim for deliberate indifference to a serious medical need against
Keenan Letcher be dismissed without prejudice to Plaintiffs right to amend; (2) that
Plaintiffs claim regarding violation of prison rules/regulations be dismissed with
prejudice; (3) that the Court decline to exercise supplemental jurisdiction over
Plaintiffs potential state law claims; and (4) that this matter be referred for entry of
a scheduling order on Plaintiffs remaining claim, which is against Defendant Keenan
Letcher for money damages for alleged use of excessive force on June 2, 2021. (S'ee id.

at 2). The deadline to object to the Report has passed, without any objection from
either party.

Having carefully considered the operative Complaint and related filings, the
Court APPROVES the Report and ADOPTS it as the Court's opinion in this matter.

Accordingly,

IT IS ORDERED that Plaintiffs claims for violation of prison rules be and

are hereby DISMISSED WITH PEEJUDICE.
IT IS FURTHER ORDERED that Plaintiffs claim against Defendant
Timothy Hooper, and his claim against Defendant Keenan Letcher for deliberate

indifference, be and are hereby DISMISSED WITHOUT PREJUDICE. On or
before October 24, 2024, Plaintiff may file an amended complaint that addresses the
issues with these claims that were highlighted by the IVIagistrate Judge in her Report.
(See Report at 5-10).

IT IS FURTHER ORDERED that the Court declines to exercise
supplemental jurisdiction over Plaintiffs potential state law claims.

Plaintiffs claim for monetary relief against Defendant Letcher in his
individual capacity for alleged use of excessive force remains pending.

IT IS FURTHER ORDERED that this matter be and is hereby referred back
to the Magistrate Judge for further proceedings consistent wi^h this Order.

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Baton Rouge, Louisiana, this day of September, 2024

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JUDGE BRIAN A. J^C^SON
UNITED STATES D^RICT COURT
MIDDLE DISTRICT OF LOUISIANA