Opinion
CIVIL ACTION NO. 6:12-cv-00849
02-26-2013
FLOYD QUEBEDEAUX v. NELSON GRANTT GUILLORY JOSEPH NELSON GUILLORY, SHERIFF BOBBY GUIDROZ
JUDGE DOHERTY
MAGISTRATE JUDGE HANNA
JUDGMENT
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 THEREFORE ORDERED, ADJUDGED, AND DECREED that, consistent with the report and recommendation, the motions to dismiss that were filed by defendant Sheriff Bobby Guidroz (Rec. Doc. 18) and by defendant Joseph Nelson Guillory (Rec. Doc. 32) are GRANTED IN PART and DENIED IN PART. More particularly, the motions are DENIED to the extent that they seek dismissal of the plaintiff's complaint under Fed. R. Civ. P. 12(b)(1) for lack of jurisdiction; they are GRANTED to the extent that they seek dismissal of the plaintiff's claims against them under Fed. R. Civ. P. 12(b)(6) for failure to state a claim; and the plaintiff's claims against defendants Joseph Nelson Guillory and Sheriff Bobby Guidroz are dismissed with prejudice.
Lafayette, Louisiana, this 26 day of February, 2013.
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Rebecca F. Doherty
United States District Judge