Dew v. Tallulah Water Co et al

Filing 37

JUDGMENT adopting 36 Report and Recommendation of the Magistrate Judge granting 18 Motion to Dismiss. Plaintiff's claims against Madison Journal Inc are Dismissed without prejudice. It Is Further Ordered that 20 Motion to Dismiss is granted in part and denied in part. Plaintiff's claims against Tallulah Water Company, Tallulah Police Department and Tallulah City Hall are Dismissed with prejudice. To the extent City of Tallulah seeks dismissal of Plaintiffs false arrest claim, the motion is DENIED. To the extent City of Tallulah seeks dismissal of any other claim against it, the motion is GRANTED, and those claims are Dismissed without prejudice. Signed by Judge Terry A Doughty on 11/19/2020. (crt,Crawford, A)

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Case 3:19-cv-01489-TAD-JPM Document 37 Filed 11/20/20 Page 1 of 2 PageID #: 253 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION BILLY RAY DEW, JR. CASE NO. 3:19-CV-01489 VERSUS JUDGE TERRY A. DOUGHTY TALLULAH WATER CO., ET AL. MAG. JUDGE PEREZ-MONTES JUDGMENT The Report and Recommendation of the Magistrate Judge [Doc. No. 36] having been considered, no objections having been filed, and finding that the same is supported by the law and the record in this matter, IT IS ORDERED, ADJUDGED, AND DECREED that Defendant Madison Journal, Inc.’s Motion to Dismiss [Doc. No. 18] is GRANTED in all respects, and Plaintiff’s claims against Defendant Madison Journal, Inc., are DISMISSED WITHOUT PREJUDICE, subject to Plaintiff’s right to seek leave to amend within 14 days of this Judgment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss filed by Defendants Tallulah Water Company (also known as Tallulah Water Service), Tallulah Police Department, Tallulah City Hall, and the City of Tallulah [Doc. No. 20] is GRANTED IN PART and DENIED IN PART. To the extent Defendants Tallulah Water Company, Tallulah Police Department, and Tallulah City Hall seek dismissal of all claims against them, the motion is GRANTED, and all claims against those Defendants are DISMISSED WITH PREJUDICE. To the extent Defendant City of Tallulah seeks dismissal of Plaintiff’s claim against it for false arrest, the motion is DENIED. To the extent Defendant City of Tallulah seeks dismissal of any other claim against it, the motion is GRANTED, and those claims are DISMISSED WITHOUT PREJUDICE, subject to Plaintiff’s right to seek leave to amend within 14 days of this Judgment. Case 3:19-cv-01489-TAD-JPM Document 37 Filed 11/20/20 Page 2 of 2 PageID #: 254 MONROE, LOUISIANA, this 19th day of November, 2020. ____________________________________ TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE 2

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