Opinion
Civil Action 20-00266-BAJ-EWD
06-29-2022
NICOLE GAUDET BECNEL v. JON RUSSELL FOLSE, ET AL.
RULING AND ORDER
BRIAN A. JACKSON, JUDGE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA.
Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 37), recommending the following.
First, the Magistrate Judge recommends that the Court strike Plaintiffs Proposed Supplemental Complaint (Doc. 33) from the record pursuant to Federal Rule of Civil Procedure 12(1) for the following reasons: (1) Plaintiff filed the Supplemental Complaint without seeking leave; (2) the Supplemental Complaint otherwise violates several applicable rules and procedures; (3) Plaintiff seeks to supplement her prior claims with entirely new defendants and unrelated claims; and (4) the Supplemental Complaint contains redundant and immaterial matters.
Second, the Magistrate Judge recommends that the Court dismiss Plaintiffs claims against Jerry Folse, Julie Folse, and Jamie Stoker in this matter, with prejudice, including her claims alleging crimes, false arrest, RICO violations, ADA violations, unspecified Civil Rights violations, 18 U.S.C. § 241 violations, and violations under the Computer Fraud and Abuse Act (“CFAA”), pursuant to 28 U.S.C. § 1915(e) for failure to state a claim upon which relief may be granted. The Magistrate Judge further recommends that the Court terminate Jerry Folse, Julie Folse, and Jamie Stoker from the above-captioned matter.
Third, the Magistrate Judge recommends that the Court dismiss the following claims against Jon Russell Folse in this matter, with prejudice: Plaintiffs claims alleging crimes, false arrest, RICO violations, ADA violations, unspecified Civil Rights violations, and 18 U.S.C. § 241. violations. The Magistrate Judge recommends that the Court maintain Plaintiffs claims against Jon Russell Folse under the CFAA. The Magistrate Judge further recommends that the Court refer this matter back to the Magistrate Judge for further proceedings on Plaintiffs sole remaining claim under the CFAA against Jon Russell Folse.
Finally, the Magistrate Judge recommends that the Court decline to exercise supplemental jurisdiction over Plaintiffs state law claims in her Original and Amended Complaints.
There are no objections to the Report and Recommendation.
Having carefully considered the Report and Recommendation at issue, the underlying Complaint, 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 the Plaintiffs Proposed Supplemental Complaint (Doc. 33) be and is hereby STRICKEN from the record.
IT IS FURTHER ORDERED that Plaintiffs claims against Defendants Jerry Folse, Julie Folse, and Jamie Stoker, are hereby DISMISSED WITH PREJUDICE. Defendants Jerry Folse, Julie Folse, and Jamie Stoker are hereby TERMINATED from the above-captioned matter.
IT IS FURTHER ORDERED that Plaintiffs claims alleging crimes, false arrest, RICO violations, ADA violations, unspecified Civil Rights violations, and 18 U.S.C. § 241 violations against Defendant Jon Russell Folse are hereby DISMISSED WITH PREJUDICE. Plaintiffs claim under the CFAA is the sole claim remaining against Defendant Jon Russell Folse. This matter is referred back to the Magistrate Judge for further proceedings on Plaintiffs CFAA claim against Defendant Jon Russell Folse.
IT IS FURTHER ORDERED that the Court declines to exercise supplemental jurisdiction over Plaintiffs state law claims in her Original and Amended Complaints.
IT IS FURTHER ORDERED that the Clerk of Court shall serve this Order on Plaintiff Nicole Gaudet Becnel via certified mail, return receipt requested at her address listed on PACER, 2160 Rome Street, Paulina, Louisiana, 70763.