Summary
holding that an official capacity claim against a state court judge "would in reality be a claim against the state itself, and...would be barred by the Eleventh Amendment"
Summary of this case from Carlisle v. NormandOpinion
CIVIL ACTION NO. 13-4573 SECTION "I"(3)
07-22-2013
KENDALL JAMAL SUMMERS v. STATE OF LOUISIANA, ET AL
ORDER
The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the objection by plaintiff, Kendall Jamal Summers, which is hereby OVERRULED, approves the Magistrate Judge's Findings and Recommendation and adopts it as its opinion in this matter. Therefore,
IT IS ORDERED that plaintiff's federal civil rights claims are DISMISSED WITH PREJUDICE as malicious, frivolous, and/or for failure to state a claim on which relief may be granted.
IT IS FURTHER ORDERED that plaintiff's federal habeas corpus claims are DISMISSED WITHOUT PREJUDICE due to plaintiff's failure to exhaust his remedies in the state courts.
New Orleans, Louisiana, this 22nd day of July, 2013.
/s/ _________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE