Moses v. Morgan et al
ORDER denying 12 Motion for Extension; denying 13 Motion for Preliminary Injunction; adopting in part Report and Recommendations re 16 Report and Recommendations and referring Plaintiff's Eighth Amendment excessive force claim against S gt Shanice Morgan to Magistrate Judge Hayes for further consideration in light of Wilkins v Gaddy. FURTHER ORDERED that Plaintiff's civil rights claims against Sgt Coleman, Deputy Huff, Captain Kimball, Captain Coleman, Tommy Garrett, Colonel To lliver, Colonel Hamilton, Mark Hunter, Head Warden Jerry Goodwin and Jesse Jimerson are dismissed with prejudice as frivolous and for failing to state a claim on which relief may be granted.Signed by Judge S Maurice Hicks on 02/24/2017. (crt,McDonnell, D)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
CIVIL ACTION NO. 16-0390
JUDGE S. MAURICE HICKS, JR.
SHANICE MORGAN, ET AL
MAGISTRATE JUDGE HAYES
Before the Court is the Report and Recommendation of the Magistrate Judge. See
Record Document 16. This Court has thoroughly reviewed the record in this matter,
including the written objections filed by Plaintiff Daytrend Moses. The Court concurs with
the findings of the Magistrate Judge under the applicable law as to all claims, except the
Eighth Amendment excessive force claim against Defendant Sergeant Shanice Morgan
based on the November 28, 2015 incident.
IT IS ORDERED that Plaintiff’s Eighth Amendment excessive force claim against
Sergeant Shanice Morgan based on the November 28, 2015 incident is again
REFERRED to Magistrate Judge Hayes for further consideration in light of Wilkins v.
Gaddy, 559 U.S. 34 (2010). See also Fifth Circuit Pattern Jury Instruction 10.7 (2014).
IT IS FURTHER ORDERED that Plaintiff’s civil rights claims against Sergeant
Sheila Coleman, Deputy Warden Angie Huff, Captain Kimball, Captain Shantell Coleman,
Tommy Garrett, Colonel W. Tolliver, Colonel Hamilton, Mark Hunter, Head Warden Jerry
Goodwin, and Jesse Jimerson are DISMISSED WITH PREJUDICE1 as frivolous and for
claims that are barred by Heck v. Humphrey are dismissed with prejudice
subject to being reasserted when, and if, the conditions of Heck v. Humphrey are met.
failing to state a claim on which relief may be granted pursuant to the provisions of 28
U.S.C. § 1915(e)(2)(B)(i) and (ii). All claims against Sergeant Shanice Morgan other than
the Eighth Amendment excessive force claim based on the November 28, 2015 incident
are also DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Extension of Time for Court
to Consider Plaintiff’s Motion for Preliminary Injunction (Record Document 12) and Motion
for Preliminary Injunction (Record Document 13) are DENIED.
THUS DONE AND SIGNED at Shreveport, Louisiana, on this the 24th day of
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