Martin v. McCain

Full title: ELTON MARTIN (#167030) v. WARDEN SANDY MCCAIN, ET AL.

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

Date published: Jan 9, 2019

CIVIL ACTION NO. 1:17-01112-P (W.D. La. Jan. 9, 2019)

Opinion

CIVIL ACTION NO. 1:17-01112-P

01-09-2019

ELTON MARTIN (#167030) v. WARDEN SANDY MCCAIN, ET AL.

JUDGE TERRY A. DOUGHTY

MAG. JUDGE PEREZ-MONTES

JUDGMENT

For the reasons contained in the Report and Recommendation [Doc. No. 19] of the Magistrate Judge previously filed herein, and after a de novo review of the record, including the objections and the response to the objections filed herein, and having determined that the findings and recommendation are correct under the applicable law,

IT IS ORDERED, ADJUDGED, AND DECREED that the "Rule 12(B)(1) and 12(B)(6) Motion to Dismiss" [Doc. No. 16] is hereby GRANTED, and Plaintiff's claims against Defendants State of Louisiana through the Department of Corrections and Warden McCain are DISMISSED WITH PREJUDICE except to the extent that Plaintiff asserts claims for monetary damages against Warden McCain in his official capacity. As the Court lacks subject-matter jurisdiction to consider those claims, they are DISMISSED WITHOUT PREJUDICE.

MONROE, LOUISIANA, this 9^th day of January, 2019.

/s/_________

TERRY A. DOUGHTY

UNITED STATES DISTRICT JUDGE