Fontenot v. Melancon et al

Filing 27

JUDGMENT ADOPTING 21 Report and Recommendations; granting 11 Motion to Dismiss for Failure to State a Claim; granting 12 Motion to Dismiss for Lack of Jurisdiction. Additionally it is ordered that all claims against Defendant XYZ Insurance Co are dismissed without prejudice for failure to effect service. Signed by Judge S Maurice Hicks on 12/07/2016. (crt,McDonnell, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
VANESSA FONTENOT, ET AL.

CIVIL ACTION NO. 15-2150

VERSUS

JUDGE S. MAURICE HICKS, JR.

RUSSELL BUCHANAN, ET AL.

MAGISTRATE JUDGE HANNA
JUDGMENT

For the reasons assigned in the Report and Recommendation of the Magistrate
Judge previously filed herein, and after an independent review of the record, including the
objections filed by Plaintiffs, and determining that the findings of the Magistrate Judge are
correct under the applicable law;
IT IS ORDERED that Defendants Russell Buchanan, Carroll Stelly, Matthew Scott,
Joey Thibodeaux, and Tyler Scott’s Motion to Dismiss (Record Document 11) be and is
hereby GRANTED, and Plaintiffs’ 42 U.S.C. § 1983 claims are DISMISSED WITHOUT
PREJUDICE with respect to these Defendants because of Plaintiffs’ failure to timely serve
process upon these Defendants in accordance with Federal Rule of Civil Procedure 4(m).
Defendant Rayne Police Department’s Motion to Dismiss (Record Document 12) is
hereby GRANTED and all of Plaintiffs’ 42 U.S.C. § 1983 claims are hereby DISMISSED
WITH PREJUDICE with respect to the Rayne Police Department because the Rayne
Police Department is not a juridical entity capable of being sued.
Additionally, in accordance with the foregoing Memorandum Ruling, IT IS
ORDERED that all claims against Defendant XYZ Insurance Co. be and are hereby
DISMISSED WITHOUT PREJUDICE for failure to effect service within 90 days as
required by Federal Rule of Civil Procedure 4(m).

THUS DONE AND SIGNED at Shreveport, Louisiana, this the 7th day of
December, 2016.