Opinion
CIVIL ACTION NO. 6:13-2122
03-06-2014
BRANDON SCOTT LAVERGNE LA. DOC #424229 v. CLAIRE GIANFALA HIGGINGBOTTOM
JUDGE HAIK
MAGISTRATE JUDGE HILL
JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, determining that the findings are correct under the applicable law, and considering the objections to the Report and Recommendation in the record;
IT IS ORDERED that Lavergne's civil rights claims be DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted.
Alternatively, IT IS FURTHER ORDERED that Lavergne's civil rights claims for alleged false statements connected with the 2012 murder investigation and grand jury indictment of Lavergne for the murders of Shunick and Pate, resulting in Lavergne's guilty plea in his state criminal murder proceeding be DISMISSED WITH PREJUDICE subject to reassertion if the requirements of Heck v. Humphrey are met.
IT IS FURTHER ORDERED that Lavergne's claims under Louisiana State law be DISMISSED WITHOUT PREJUDICE.
THUS DONE AND SIGNED, in chambers, Lafayette, Louisiana, on this 6th day of March, 2013.
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RICHARD T. HAIK, SR.
UNITED STATES DISTRICT JUDGE