Opinion
CIVIL ACTION NO. 19-00449-BAJ-RLB
08-27-2020
GLENN CHARLES AYO (#531823) v. LOUISIANA DEPT. OF CORRECTIONS, ET AL.
RULING AND ORDER
Before the Court is Plaintiff's counseled Motion For Leave To File Amended Complaint And Sever Claims Against Randy Lavespere And Paul Marion Toce, Jr. for Deliberate Indifference to Fecal Impaction (R. Doc. 47). The Magistrate Judge has issued a Report and Recommendation (Doc. 52) recommending that Plaintiff's Motion be granted in part and denied in part, that Plaintiff's proposed Third Amended Complaint (R. Doc. 47-2) be filed into the record, and that the remaining Defendants not named in Plaintiff's Third Amended Complaint be dismissed without prejudice.
Having independently considered Plaintiff's Motion and related filings, the Court APPROVES the Magistrate Judge's Report And Recommendation (Doc. 52), and ADOPTS it as the Court's opinion herein.
Plaintiff, proceeding pro se, filed an Objection to the Magistrate Judge's Report and Recommendation (Doc. 54). The Court does not consider Plaintiff's pro se Objection here because "hybrid representation"—partly counseled, partly pro se—is not allowed. United States v. Daniels, 572 F.2d 535, 540 (5th Cir. 1978); see also United States v. Wiley, 707 F. App'x 802, 803 (5th Cir. 2017) (petitioner had no right to file pro se motions while represented by counsel). The Court cautions that any future pro se filings by Plaintiff while represented by counsel in these proceedings will be stricken. --------
Accordingly,
IT IS ORDERED that Plaintiff's proposed Third Amended Complaint (R. Doc. 47-2) be filed into the record. Defendants shall have fourteen days from the date of this order to file a response to Plaintiff's Third Amended Complaint.
IT IS FURTHER ORDERED that the remaining Defendants not named in Plaintiff's Third Amended Complaint be and are DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that this matter is referred back to the Magistrate Judge for further proceedings on Plaintiff's remaining claims.
Baton Rouge, Louisiana, this 27th day of August, 2020
/s/ _________
JUDGE BRIAN A. JACKSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA