Brown v. Fifth Louisiana Levee District et al

Filing 147

JUDGMENT ADOPTING 144 Report and Recommendation of the Magistrate Judge, granting 94 Defendants Motion to Dismiss, and Dismissing Without Prejudice Plaintiffs federal takings claim for lack of subject matter jurisdiction; It is ordered that Pl aintiffs state law takings claim is Dismissed Without Prejudice; granting 95 Defendants Motionfor Summary Judgment and Dismissing With Prejudice Plaintiff's equal protection and substantive due process claims; denying as moot 106 Defendant's Motion for Remand. Signed by Judge Robert G James on 9/5/2017. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
RICKY L. BROWN

CIVIL ACTION NO. 12-289

VERSUS

JUDGE ROBERT G. JAMES

BOARD OF COMMISSIONERS
FIFTH LOUISIANA LEVEE
DISTRICT, ET AL.

MAG. JUDGE PEREZ-MONTES

JUDGMENT
For the reasons contained in the Report and Recommendation of the Magistrate Judge
[Doc. No. 144], and after an independent review of the entire record, including the written
objections and response thereto, and concurring with the Magistrate Judge’s findings under the
applicable law,
IT IS ORDERED, ADJUDGED, AND DECREED that Defendants’ Motion to Dismiss
[Doc. No. 94] is GRANTED and that Plaintiff’s federal takings claim is DISMISSED
WITHOUT PREJUDICE for lack of subject matter jurisdiction;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff’s state law
takings claim is DISMISSED WITHOUT PREJUDICE;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants’ Motion
for Summary Judgment [Doc. No. 95] is GRANTED and that Plaintiff’s equal protection and
substantive due process claims are DISMISSED WITH PREJUDICE;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant’s Motion
for Remand [Doc. No. 106] is DENIED AS MOOT.

MONROE, LOUISIANA this 5th day of September, 2017.