Jarreaux v. State Farm Fire & Casualty Co

Filing 32

REPORT AND RECOMMENDATIONS re 31 VOLUNTARY MOTION to Dismiss filed by Leona Jarreaux. IT IS RECOMMENDED that the Motion to Dismiss Without Prejudice 31 be GRANTED, and that plaintiff's claims against defendant State Farm Fire & Casualty C o be DISMISSED WITHOUT PREJUDICE. The Magistrate Judge Status Conference set for 11/29/2023 is TERMINATED and plaintiff is relieved of any responsibility to attend. Objections to R&R due by 11/27/2023. Signed by Magistrate Judge Kathleen Kay on 11/13/2023. (crt,Keifer, K)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
LEONA JARREAUX

:

DOCKET NO. 5:22-cv-00948

VERSUS

:

JUDGE TERRY A DOUGHTY

STATE FARM FIRE & CASUALTY CO

:

MAGISTRATE JUDGE KAY

REPORT AND RECOMMENDATION
Before the court is a Motion to Dismiss Without Prejudice filed by plaintiff Leona Jarreaux.
Doc. 31. The motion has been referred to the undersigned for review, report, and recommendation
in accordance with the provisions of 28 U.S.C. § 636.
For the reasons stated IT IS RECOMMENDED that the motion be GRANTED.
This suit was filed on plaintiff’s behalf by the firm McClenny Moseley & Associates,
PLLC (“MMA”). Doc. 1. Plaintiff recently became a pro se litigant by operation of an order of
this court styled Order Terminating Former MMA Counsel from Proceedings, Designating
Plaintiff a Pro Se Litigant, and Other Matters (the “Termination Order”). Doc. 30. Attached to
the Termination Order was a fillable form entitled “Motion to Dismiss Without Prejudice.” Doc.
30, att. 1. The Termination Order contained the following instruction and reference to the form
motion to dismiss:
ADDITIONAL NOTICE TO PLAINTIFF: If you never intended for this lawsuit
to be filed on your behalf or, for whatever reason, no longer wish to pursue your
lawsuit, please complete the attached form entitled “Motion to Dismiss Without
Prejudice.” Please follow the instructions on the form carefully. Unless and until
you receive notice that the motion has been granted or if you receive notice that the
motion has been denied, your case remains active, and you remain responsible for

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representing yourself as outlined above. If you are concerned about the
consequences of signing this document, we suggest you consult with an attorney.
Doc. 30, p. 4. The properly completed and witnessed form motion to dismiss is now before the
court.
Having reviewed plaintiff’s motion, the undersigned finds it a competent expression of
plaintiff’s wish to no longer prosecute this case against the defendant. Accordingly,
IT IS RECOMMENDED that the Motion to Dismiss Without Prejudice [doc. 31] be
GRANTED, and that plaintiff’s claims against defendant State Farm Fire & Casualty Co be
DISMISSED WITHOUT PREJUDICE. The Magistrate Judge Status Conference set for
November 29, 2023, at 9:00 AM is TERMINATED and plaintiff is relieved of any responsibility
to attend.
Under the provisions of 28 U.S.C. § 636 and Rule 72 of the Federal Rules of Civil
Procedure, parties have fourteen (14) days from receipt of this Report and Recommendation to file
written objections with the Clerk of Court. A party may respond to another party’s objections
within fourteen (14) days after being served with a copy thereof. Failure to file written objections
to the proposed factual findings and/or the proposed legal conclusions reflected in this Report and
Recommendation within fourteen (14) days following the date of receipt shall bar an aggrieved
party from attacking either the factual findings or the legal conclusions accepted by the District
Court, except upon grounds of plain error. See Douglas v. United Services Automobile Ass’n, 79
F.3d 1415, 1429–30 (5th Cir. 1996).
THUS DONE AND SIGNED in Chambers this 13th day of November, 2023.

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