Lexing v. Edwards et al

Filing 50

JUDGMENT Adopting 43 Report and Recommendation of the Magistrate Judge. It Is Ordered that 11 , 12 and 13 Motions to Dismiss are Granted. Plaintiff's official capacity claims against Defendants, John Bell Edwards, Marketa Garner Walte rs, and Keesha Bordelon, are Dismissed Without Prejudice. It Is Further Ordered that 13 , 17 and 19 Motions to Dismiss are Granted. Plaintiff's federal law claims against Keesha Bordelon, in her individual capacity, Albert E Loomis III, M ary Hamilton and Anika Lashaye Carston and Jo Caston, in her individual and official capacities are Dismissed With Prejudice. It Is Further Ordered that Plaintiff's remaining state law claims are hereby Dismissed Without Prejudice. It Is Furth er Ordered that 17 and 19 Alternative Motion for More Definite Statement is Denied. It Is Further Ordered that, to the extent that Plaintiff moves to amend his Complaint, the motion is Denied as futile in light of the Court's analysis. Signed by Judge Terry A Doughty on 5/22/2018. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
HARVEY R. LEXING,
INDIVIDUALLY AND AS NEXT
FRIEND OF THE MINOR (EML)

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CIVIL ACTION NO. 17-1092

VERSUS

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JUDGE TERRY A. DOUGHTY

JOHN BEL EDWARDS IN HIS
CAPACITY AS GOVERNOR OF THE
STATE OF LOUISIANA, ET AL.

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MAG. JUDGE KAREN L. HAYES

JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered,
together with the written objections thereto filed with this Court, and, after a de novo review of
the record, finding that the Magistrate Judge’s Report and Recommendation is correct,
IT IS ORDERED that the motions to dismiss for lack of subject matter jurisdiction, or
alternatively, for failure to state a claim upon which relief can be granted [Doc. Nos. 11, 12, &
13] filed by Defendants John Bel Edwards, Marketa Garner Walters, and Keesha Bordelon, in
their official capacities, are GRANTED, and Plaintiff’s official capacity claims against said
Defendants for prospective declaratory and injunctive relief (including a stay) under federal law
are hereby DISMISSED WITHOUT PREJUDICE. Fed.R.Civ.P. 12(b)(1).
IT IS FURTHER ORDERED that the motions to dismiss for lack of subject matter
jurisdiction and for failure to state a claim upon which relief can be granted [Doc. Nos. 13, 17, &
19] filed by Defendants Keesha Bordelon, in her individual capacity; Albert E. Loomis, III;
Mary Hamilton; and Anika Lashaye Carston are GRANTED, and Plaintiff’s federal law claims

against said Defendants and those against Defendant Jo Caston, in her individual and official
capacities are DISMISSED WITH PREJUDICE. Fed.R.Civ.P. 12(b)(6).
IT IS FURTHER ORDERED that Plaintiff’s remaining state law claims are hereby
DISMISSED WITHOUT PREJUDICE. 28 U.S.C. § 1367(c).
IT IS FURTHER ORDERED that the alternative motion for more definite statement
[Doc. Nos. 17 & 19] filed by Defendants Albert E. Loomis, III, Mary Hamilton, and Anika
Lashaye Carston, is DENIED.
IT IS FURTHER ORDERED that, to the extent that Plaintiff moves to amend his
Complaint, the motion is DENIED as futile in light of the Court’s analysis.
Monroe, Louisiana, this 22nd day of May, 2018.

_____________________________________
TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE

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