Bayonne v. City of Natchitoches

Full title: MITCHELL BAYONNE, Plaintiff v. CITY OF NATCHITOCHES, ET AL. Defendants

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

Date published: Aug 31, 2016

CIVIL ACTION NO. 1:15-CV-00099 (W.D. La. Aug. 31, 2016)

Opinion

CIVIL ACTION NO. 1:15-CV-00099

08-31-2016

MITCHELL BAYONNE, Plaintiff v. CITY OF NATCHITOCHES, ET AL. Defendants

CHIEF JUDGE DRELL

MAGISTRATE JUDGE PEREZ-MONTES

JUDGMENT

For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law;

IT IS ORDERED that the Motion for Summary Judgment (Doc. 37) filed by Defendants Deputy Derrick Caballero and Sheriff Victor Jones, Jr. is GRANTED, and that all claims against Defendants Deputy Derrick Caballero and Sheriff Victor Jones, Jr. are DISMISSED. However, the Report and Recommendation suggests dismissal without prejudice after a cogent analysis establishing that dismissal WITH prejudice is appropriate. Accordingly, the dismissal against Deputy Derrick Caballero and Sheriff Victor Jones shall be with prejudice.

IT IS FURTHER ORDERED that the Motion to Dismiss and for Summary Judgment (Doc. 40) filed by the City of Natchitoches is GRANTED, and that all claims against the City of Natchitoches, the Sheriff's Office of Natchitoches Parish and "Unknown Officers" are likewise DISMISSED WITH PREJUDICE.

SIGNED at Alexandria, Louisiana, on this 31^st day of August, 2016.

/s/_________

DEE D. DRELL, CHIEF JUDGE

UNITED STATES DISTRICT COURT