Orange v. Corrections et al

Filing 89

ORDER ADOPTING adopting Report and Recommendations re 78 Report and Recommendations; denying 62 Motion for Summary Judgment; denying 64 Motion for Default Judgment; denying 64 Motion for Entry of Default; denying 68 Motion for TRO; denying 68 Motion for Preliminary Injunction; granting 72 Motion for Summary Judgment. All defendants except Jermain Moore are dismissed. Signed by Judge S Maurice Hicks on 11/03/2014. (crt,McDonnell, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
RANDELL ORANGE

CIVIL ACTION NO. 11-cv-1848

VERSUS

JUDGE HICKS

DEPARTMENT OF CORRECTIONS, ET AL

MAGISTRATE JUDGE HORNSBY

ORDER
For the reasons assigned in the Report and Recommendation of the Magistrate Judge
previously filed herein, and having thoroughly reviewed the record, including the written
objections filed (Record Documents 82 and 83)1, and concurring with the findings of the
Magistrate Judge under the applicable law;
IT IS ORDERED that Plaintiff’s Motion for Summary Judgment (Doc. 62),
Motion for Default Judgment (Doc. 64), and Motion for Temporary Restraining Order
or Preliminary Injunction (Doc. 68) are denied.
IT IS FURTHER ORDERED that, based on the sua sponte action of the court and
the granting of Defendants’ Motion for Summary Judgment (Doc. 72), all defendants
except Jermaine Moore are dismissed. The only remaining issue is the allegation that Moore
applied excessive force to Plaintiff during the April 2, 2011 incident.

1

Defendant Jermaine Moore’s argument fails based on the fact that the nature of the
claims asserted by Plaintiff show that they are, no matter how they might be labeled by the
parties, claims against Moore in his individual capacity. See US ex rel. Adrian v. Regents of
University of California, 363 F. 3d 398 (5th Cir. 2004).

THUS DONE AND SIGNED at Shreveport, Louisiana, this the
November

3rd

day of

, 2014.

S. MAURICE HICKS, JR.
UNITED STATES DISTRICT JUDGE