Williams v. Rapides Parish Housing Authority et al

Filing 19

JUDGMENT ADOPTING 13 Report and Recommendation of the magistrate judge subject to modifications. ORDERED Plaintiff's consortium claim is DISMISSED WITH PREJUDICE. ORDERED that Plaintiff's "whistleblower" claim under La. R.S.23:967 is REMANDED to the 9th JDC Rapides Parish LA. ORDERED the Motion to Stay is DENIED. Signed by Judge Dee D Drell on 01/29/2009. (crt,Leleux, M)

STATES DiSTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

JEBURNON WILLIAMS
-U'S-

CIVIL ACTION NO. 08-1197-A JUDGE DRELL MAGISTRATE JUDGE KIRK

HOUSING AUTHORITY OF RAPIDES PARISH, et al.

JUDGMENT Before the Court is the Magistrate Judge's Report and Recommendation suggesting Plaintiffs consortium claim and Plaintiff's claims under La. P.S. 2 3:967 be dismissed for failing to state a claim upon which relief can be granted and lack of jurisdiction, respectively. (Document No. 13.) After reviewing the entire ifie in this matter, including the written objections, and concurring in part with the Magistrate Judge's findings under the applicable law, this Court adopts the Magistrate Judge's Report and Recommendation, subject to the following modification: because the Court lacks jurisdiction over Plaintiffs claims under La. P.S. 23:967, those claims must be remanded, not dismissed. Accordingly, IT IS ORDERED that Plaintiffs consortium claim is DISMISSED WITH PREJTJDICE.

rr IS FURTHER ORDERED that Plaintiffs uwbistleblowerI claim under La.
RS. 23:967 is REMANDED to the Ninth Judicial District Court for the Parish of Rapides, Louisiana. IT IS FURTHER ORDERED that Plaintiffs request for stay is DENIED.

SIGNED on this 2~?day of January, 2009, at Alexandria, Louisiana.

UNITED STATES DISTRICT JUDGE

2