Opinion
CIVIL ACTION NO. 19-00396-BAJ-RLB
05-14-2021
ROY WALKER v. JEREMY MCKEY, ET AL.
RULING AND ORDER
Before the Court is Defendants Jeremy McKey, William Rosso, and Marcus Jones' Motion for Summary Judgment (Doc. 31). The Motion is unopposed. The Magistrate Judge has issued a Report and Recommendation (Doc. 39), recommending that the Court grant Defendants' Motion for Summary Judgment in part, and dismiss Plaintiff's claims against McKey, Rosso, and Jones, without prejudice, pursuant to Heck v. Humphrey, 512 U.S. 477 (1994). (Id. at p. 8). The Magistrate Judge further recommends that the Court deny Defendants' Motion for Summary Judgment in all other respects and refer this matter back to the Magistrate Judge for further proceedings. (Id.). There are no objections to the Report and Recommendation.
Having carefully considered the underlying Complaint, the Motion at issue, and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation, and ADOPTS it as the Court's opinion herein.
Accordingly,
IT IS ORDERED that Defendants Jeremy McKey, William Rosso, and Marcus Jones' Motion for Summary Judgment (Doc. 31) is GRANTED IN PART.
IT IS FURTHER ORDERED that Plaintiff's claims against Jeremy McKey, William Rosso, and Marcus Jones are DISMISSED WITHOUT PREJUDICE pursuant to Heck v. Humphrey, 512 U.S. 477 (1994).
IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment (Doc. 31) is DENIED in all other respects.
IT IS FURTHER ORDERED that this matter is referred back to the Magistrate Judge for further proceedings.
Baton Rouge, Louisiana, this 14th day of May, 2021
/s/ _________
JUDGE BRIAN A. JACKSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA