Burgo v. Stansbury et al

Filing 147

JUDGMENT ADOPTING 137 Report and Recommendations. IT IS ORDERED that the 58 Motion to Dismiss for Failure to State a Claim; 61 Motion to Dismiss for Failure to State a Claim; 75 Motion to Dismiss for Lack of Jurisdiction; and 80 Motio n to Dismiss for Lack of Jurisdiction be GRANTED and Mr. Burgo's claims against the aforementioned defendant be DISMISSED. IT IS FUTHER ORDERED that the State of Louisiana be DISMISSED as immune from suit under the Eleventh Amendment. IT IS FURT HER ORDERED that Mr. Burgo's claims against defendants Sostenes R. Ruiz, III, and James McClelland be DISMISSED as barred by prosecutorial immunity and that Mr. Burgo's claims against Sherry Bayard be DISMISSED as barred by qualified immuni ty. IT IS FURTHER ORDERED that Mr. Burgo's claims against Greg Aucoin and Robert Tracy be DISMISSED because they were not state actors and therefore cannot be held liable under section 1983. IT IS FURTHER ORDERED that Mr. Burgo's claims aga inst the United States and the United States Comptroller of the Currency be DISMISSED as these entities are immune from suit. IT IS FURTHER ORDERED that the 88 Motion to Dismiss for Lack of Jurisdiction; 95 Motion to Dismiss for Lack of Jurisdi ction; and 96 Motion to Dismiss for Lack of Jurisdiction be GRANTED and Mr. Burgo's claims against defendants Lois Burgo, Diamond Burgo, Robert Fuhrer, Marion Henry, Malcolm Sampey, John Legendre, Alfred Lippman, Donald Bollinger, Clifton Dickerson, III, Dale Hayes and C.M. Thibodeaux, Co., be DISMISSED because the court lacks subject matter jurisdiction over the state law claims asserted against these defendants. Signed by Judge Rebecca F Doherty on 9/25/17. (crt,Guidry, C)