Burke v. Cox et al

Filing 37

JUDGMENT ADOPTING 36 Report and Recommendation, DENYING 29 Oral Motion for Judgment on partial findings (incorrectly styled as a " Motion for Judgment as a Matter of Law") ; DENYING 30 Motion for Discovery. IT IS FURTHER ORDERED , ADJUDGED, AND DECREED that Plaintiff Gilbert Burke's claims against Defendants Sheriff Larry cox, Major Antonio Johnson, and Captain McCloud are hereby DISMISSED WITHOUT PREJUDICE on the merits, but DISMISSED WITH PREJUDICE for purposes of pro ceeding in forma pauperis pursuant to 28 USC 1915(d). IT IS FURTHER ORDERED that Plaintiff Gilbert Burke's motion for appointment of counsel and request for transfer with associated complaints of retaliation 34 is hereby DENIED. Signed by Judge Robert G James on 11/6/14. (crt,DickersonSld, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
GILBERT BURKE

CIVIL ACTION NO. 13-2154

VERSUS

JUDGE ROBERT G. JAMES

SHERIFF LARRY G. COX, ET AL.

MAG. JUDGE KAREN L. HAYES

JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, no objections
thereto having been filed, and finding that same is supported by the law and the record in this matter,
IT IS ORDERED that the oral motion for judgment on partial findings (incorrectly styled as a
“motion for judgment as a matter of law”) [Doc. No. 29] filed by Defendants Sheriff Larry Cox, Major
Antonio Johnson, and Captain McCloud is hereby DENIED.
IT IS FURTHER ORDERED that Plaintiff Gilbert Burke’s motion for copies of video footage
[Doc. No. 30] is DENIED.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff Gilbert Burke’s
claims against Defendants Sheriff Larry Cox, Major Antonio Johnson, and Captain McCloud are hereby
DISMISSED WITHOUT PREJUDICE on the merits, but DISMISSED WITH PREJUDICE for purposes
of proceeding in forma pauperis pursuant to 28 U.S.C. § 1915(d).
IT IS FURTHER ORDERED that Plaintiff Gilbert Burke’s motion for appointment of counsel
and request for transfer with associated complaints of retaliation [Doc. No. 34] is hereby DENIED.
MONROE, LOUISIANA, this 6th day of November, 2014.