Payton v. Clayton et al

Filing 45

OPINION adopting 44 Report and Recommendations of the U.S. Magistrate Judge. The 23 , 25 and 26 Motions to Dismiss are DENIED. The 4 Motion to Dismiss for Failure to State a Claim is GRANTED. The 33 Motion to Dismiss for Failure to State a Claim is GRANTED. Judgment shall be entered accordingly, dismissing this matter in its entirety. Signed by Judge John W. deGravelles on 2/6/2024. (ELW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

CYNTHIA PAYTON

CIVIL ACTION NO.

VERSUS

23-0329-JWD-RLB

TONY CLAYTON, ET AL.

OPINION

After independently reviewing the entire record in this case and for the reasons set forth
in the Report and Recommendation of the Magistrate Judge issued on January 5, 2024 (Doc. 44),
to no objection was filed,
IT IS ORDERED that Tony Clayton, Scott Stassi, and Nedi Morgan’s Motions to
Dismiss under Rule 12(b) for Insufficient Service of Process (Docs. 23, 25, 26) are DENIED.
IT IS FURHTER ORDERED Tony Clayton, Scott Stassi, and Nedi Morgan’s Motion
to Dismiss Pursuant to FRCP Rule 12(b)(6) for Failure to State a Claim Upon Which Relief Can
Be Granted (Doc. 4) is GRANTED, and Plaintiff’s federal and state law claims against Tony
Clayton, Scott Stassi, and Nedi Morgan are DISMISSED WITH PREJUDICE.
IT IS FURHTER ORDERED that Justice Eugene Simpson’s Motion to Dismiss
Pursuant to Federal Rules of Civil Procedure 12(b)(6) (Doc. 33) is GRANTED, and Plaintiff’s
federal and state law claims against Justice Eugene Simpson are DISMISSED WITH
PREJUDICE.

IT IS FURHTER ORDERED that, based upon the Court’s review of Plaintiff’s
Complaint, Plaintiff’s federal claims against Kristin Kobb and Mayland Johnson are
DISMISSED WITH PREJUDICE, and Plaintiff’s state law claims against Kristin Kobb and
Mayland Johnson are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. §
1367(c)(3).
Judgment shall be entered accordingly, dismissing this matter in its entirety.
Signed in Baton Rouge, Louisiana, on February 6, 2024.

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

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