VanBuren v. Walker et al

Filing 11

JUDGMENT adopting 9 Report and Recommendation of the Magistrate Judge dismissing claims with prejudice as duplicative, frivolous, and malicious; dismissing claims without prejudice to Plaintiff's right to prosecute his pending duplicative ap peal; dismissing claims with prejudice as frivolous, for failing to state a claim on which relief may be granted, and for seeking monetary relief against a defendant immune from such relief; and dismissing claims with prejudice as frivolous until the Heck conditions are met. Signed by Judge Terry A Doughty on 10/10/2019. (crt,Crawford, A)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION JOSHUA JAMICHAEL VANBUREN CIVIL ACTION NO. 19-1153 SECTION P VS. JUDGE TERRY A. DOUGHTY DOUG WALKER, ET AL. 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 and that judgment as recommended therein is warranted, IT IS ORDERED, ADJUDGED, AND DECREED that the following claims, raised by Plaintiff Joshua Jamichael VanBuren, are DISMISSED WITH PREJUDICE as duplicative, frivolous, and malicious: (1) that Officer Jody Ledoux arrested him without probable cause; (2) that District Attorney Nick Anderson filed a bill of information against him without probable cause; and (3) that Assistant District Attorney Daniel Hunter filed a bill of information against him without probable cause. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff’s claim that Officer Paul Blunschi falsely arrested him for attempted second-degree murder is DISMISSED WITHOUT PREJUDICE to Plaintiff’s right to prosecute his pending, duplicative appeal. The claim should otherwise be DISMISSED WITH PREJUDICE as duplicative, frivolous, and malicious. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff’s claim that Assistant District Attorney Doug Walker placed him on pre-trial diversion without probable cause, along with his associated requests for monetary damages, is DISMISSED WITH PREJUDICE as frivolous, for failing to state a claim on which relief may be granted, and for seeking monetary relief against a defendant immune from such relief. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff’s request to terminate his pre-trial diversion agreement, in connection with his claim that Assistant District Attorney Doug Walker placed him on pre-trial diversion without probable cause, is DISMISSED WITH PREJUDICE as frivolous until the Heck conditions are met. MONROE, LOUISIANA, this 10th day of October, 2019. ______________________________________ TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE

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