Botley v. Edwards

Full title: VILLMON BOTLEY, JR. v. RICHARD EDWARDS, JR., ET AL

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION SECTION P

Date published: Feb 28, 2014

CIVIL ACTION NO. 2:12-cv-1789 (W.D. La. Feb. 28, 2014)

Opinion

CIVIL ACTION NO. 2:12-cv-1789

02-28-2014

VILLMON BOTLEY, JR. v. RICHARD EDWARDS, JR., ET AL

JAMES T. TRIMBLE

JUDGE TRIMBLE

MAGISTRATE JUDGE KAY

JUDGMENT

For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record and a de novo determination of the issues, and consideration of the objections filed herein, and having determined that the findings are correct under applicable law;

IT IS ORDERED that plaintiff's civil rights action as to all defendants EXCEPT Defendant Kurtz, is DISMISSED WITH PREJUDICE, as frivolous and for failing to state a claim on which relief may be granted pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii).

IT IS ALSO ORDERED that plaintiffs claim of excessive use of force be served upon defendant John Kurtz in accordance with the separate Memorandum Order issued by this court.

IT IS FURTHER ORDERED that the Clerk shall provide a copy of this order by regular mail, facsimile transmission, or e-mail to: (1) the District Clerk for the Eastern District of Texas, Tyler Division, 211 West Ferguson, Tyler, Texas, 75702, Attention: Ms. Betty Parker.

THUS DONE AND SIGNED, in chambers, in Lake Charles, Louisiana, on this the 28^th day of February, 2014.

________________

JAMES T. TRIMBLE, JR.

UNITED STATES DISTRICT JUDGE