Opinion
CIVIL ACTION NO. 10-1074
07-03-2012
STEPHEN K. LANPHIER v. MADISON PARISH SHERIFF, LARRY COX, ET AL.
JUDGE ROBERT G. JAMES
MAG. JUDGE KAREN L. HAYES
JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, no objections thereto having been filed, and finding that same is supported by the law and the record in this matter,
IT IS ORDERED, ADJUDGED, AND DECREED that the Motions for Summary Judgment [Doc. Nos. 58 & 62 (corrected at Doc. No. 66)] filed by Defendants Richard Stalder, James LeBlanc, Linda Ramsey, Larry Cox, Major A. Johnson, Cpt. J. Brooks, Sgt. Robert Sims, and/or Nurse Oby are hereby GRANTED. Plaintiff's federal law claims for exposure to environmental tobacco smoke and for retaliatory denial of access to the library are DISMISSED WITHOUT PREJUDICE on the merits, but WITH PREJUDICE for purposes of proceeding in forma pauper is pursuant to28U.S.C. § 1915(d). Plaintiff's remaining claims arising under the Constitution and laws of the United State are DISMISSED WITH PREJUDICE. Plaintiff's remaining state law claims, if any, are DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C. § 1367(c).
IT IS FURTHER ORDERED that the Motion for Summary Judgment [Doc. No. 60] filed by Plaintiff Stephen Lanphier is DENIED.
IT IS FURTHER ORDERED that Plaintiff's claims against Warden Jimmy Shivers are DISMISSED.
MONROE, LOUISIANA, this 3 day of July 2012.
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ROBERT G. JAMES
UNITED STATES DISTRICT JUDGE