James v. Malveaux et al

Filing 26

ORDER adopting Report and Recommendations re 25 Report and Recommendations, denying 15 Motion to Remand; and denying as moot 10 Motion to Dismiss for Failure to State a Claim. Signed by Judge S Maurice Hicks on 4/10/2017. (crt,McDonnell, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION CHARELL R. JAMES CIVIL ACTION NO. 17-0053 VERSUS JUDGE S. MAURICE HICKS, JR. LOWES HOME CENTERS, LLC, ET AL. MAGISTRATE JUDGE HANNA ORDER This matter was referred to United States Magistrate Judge Patrick J. Hanna for Report and Recommendation. After an independent review of the record, and noting the absence of any objections, this Court concludes that the Magistrate Judge’s Report and Recommendation is correct and adopts the findings and conclusions therein as its own. Accordingly, IT IS ORDERED, ADJUDGED, AND DECREED that, because he was improperly joined as a defendant in this lawsuit, the claims asserted against Defendant Ernest Malveaux (“Malveaux”) are DISMISSED WITH PREJUDICE; Plaintiff’s Motion to Remand (Record Document 15) is DENIED; and Malveaux’s Motion to Dismiss (Record Document 10) is DENIED AS MOOT, all consistent with the Report and Recommendation. THUS DONE AND SIGNED, at Shreveport, Louisiana, this 10th day of April, 2017.

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