Joseph v. Roszczvnialsk et al

Filing 10

RULING AND ORDER Adopting 8 Report and Recommendations, of the U.S. Magistrate Judge. The above-captioned action be and is hereby DISMISSED WITH PREJUDICE. Judgement shall be entered separately. Signed by Judge Brian A. Jackson on 8/28/2024. (EDC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
NATHANIEL JOSEPH CIVIL ACTION
VERSUS
KATHRYN E. JONES, ET AL. NO. 24-00208-BAJ-RLB

RULING AND ORDER
On March 15, 2024, Plaintiff filed his Complaint, bringing claims under 42
U.S.C. § 1983 against Defendants Kathryn E. Jones, a district judge in the 20th
Judicial District Court of Louisiana, Nicholas Roszczvnialsk, an assistant district
attorney for East Feliciana Parish, and Ron Sanford, a deputy sheriff for East Baton
Rouge Parish, for their respective actions concerning an order issued by Judge Jones

on August 10, 2023, that ordered Plaintiff to pay certain sums in child support. (Doc.
D.

Pursuant to the screening provisions of 28 U.S.C. §§ 1915(e)(2)(B) and 1915A,
the Magistrate Judge has now issued a Report and Recommendation (Doc. 8, the

"Report"), recommending that Plaintiffs claims be dismissed with prejudice for
failure to state a claim. The Report specifically notes that Judge Jones possesses

absolute judicial immunity from suits against her in her individual capacity relating
to her service on the bench, that Plaintiff does not have standing to challenge
Roszczvnialsk's decision to not investigate Plaintiffs claims, and that the Rooker-

Feldman doctrine bars the Court from taking up the issue of whether Plaintiff was
actually served with notice of the child support hearing held on August 8, 2023. (Id.

at pp. 3-5). The Report further recommends that the Court decline to exercise
supplemental jurisdiction over Plaintiffs potential state law claims, to the extent any
such claims exist. (Id. at p. 6). Plaintiff objects to the Report. (Doc. 9).
Upon de novo review, and having carefully considered Plaintiffs Complaint,

the Report, the Objection, and all other related filings, the Court APPROVES the
Magistrate Judge's Report and Recommendation and ADOPTS it as the Court's
opinion in this matter.
Accordingly,

IT IS ORDERED that the above-captioned action be and is hereby

DISMISSED WITH PREJUDICE.
Judgement shall be entered separately.
Baton Rouge, Louisiana, this

of August, 2024

&- <?.

JUDGE BRIAN A. ^AjCKSON

UNITED STATES flltfiTRICT COURT

MIDDLE DISTRICT OF LOUISIANA