Wenk v. Bossier et al

Filing 27

ORDER adopting 24 Report and Recommendations, dismissing the Louisiana Department of Public Safety and Corrections without prejudice for lack of subject matter jurisdiction. FURTHER ORDERED that Plaintiff's civil rights claims regarding the administrative remedy procedure, threats, and property be dismissed with prejudice as frivolous under 28 USC Sec 1915(e). Signed by Judge S Maurice Hicks on 08/28/2013. (crt,McDonnell, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
JASON WENK

CIVIL ACTION NO. 12-2847-P

VERSUS

JUDGE S. MAURICE HICKS, JR.

PARISH OF BOSSIER, ET AL.

MAGISTRATE JUDGE HORNSBY
ORDER

For the reasons stated in the Report and Recommendation of the Magistrate Judge
previously filed herein, and after an independent review of the record, including written
objections filed by Plaintiff (Record Document 25 at 2-3), and determining that the findings
are correct under the applicable law;
IT IS ORDERED Plaintiff’s civil rights claims against the State of Louisiana and the
Louisiana Department of Public Safety and Corrections be DISMISSED WITHOUT
PREJUDICE for lack of subject matter jurisdiction.
IT IS FURTHER ORDERED that Plaintiff’s civil rights claims regarding the
administrative remedy procedure, threats, and property be DISMISSED WITH PREJUDICE
as frivolous under 28 U.S.C. § 1915(e).
Plaintiff’s claims regarding inadequate food temperatures, lack of religious
gatherings, lack of outdoor recreation, unsanitary conditions, faulty plumbing and
inadequate maintenance, excessive noise, improper ventilation and air system, and breach
of contract and equal protection violations remain pending at this time.
THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this 28th
day of August, 2013.