Opinion
Civil Action 23-00793-BAJ-RLB
08-22-2024
JAMAL JAMES CARMOUCHE v. DONALD WEATHERSPOON, ET AL.
RULING AND ORDER
BRIAN A. JACKSON, JUDGE UNITED STATES DISTRICT COURT.
Plaintiff, an individual incarcerated at Louisiana State Penitentiary who is representing himself without assistance of counsel, filed this lawsuit pursuant to 42 U.S.C. § 1983 against Defendants Donald Weatherspoon, Corey Anderson, Sgt. Davis, Dusty Biggam, Dixon Correctional Institute, and the State of Louisiana, complaining that his constitutional rights were violated due to the use of excessive force and deliberate indifference to his serious medical needs. Now before the Court is Defendants' Motion to Dismiss (Doc. 12, the “Motion”), which seeks dismissal of certain of Plaintiffs claims under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
The Magistrate Judge has issued a Report and Recommendation (Doc. 17, the “Report”), recommending that Defendants' Motion be granted, dismissing Plaintiffs claims for deliberate indifference to his serious medical needs against Defendants State of Louisiana, Dixon Correctional Institute, and Dusty Bickham,with prejudice. (Id.). The Report further recommends that Plaintiffs claims against
Named as “Dusty Biggam.”
Defendant Sgt. Davis be dismissed, without prejudice, pursuant to Federal Rule of Civil Procedure 4(m), and that the Court decline the exercise of supplemental jurisdiction over any potential state law claims. (Id.). The parties' time to object to the Report has expired, without any objection from either party.
After careful consideration of the operative Complaint and related filings, the Court APPROVES the Report and ADOPTS it as the Court's opinion in this matter.
Accordingly, IT IS ORDERED that Defendants' Motion to Dismiss (Doc. 12) be and is hereby GRANTED.
IT IS FURTHER ORDERED that Plaintiffs claims for deliberate indifference to his serious medical needs against Defendants State of Louisiana, Dixon Correctional Institute, and Dusty Bickham be and are hereby DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Plaintiffs claims against Defendant Davis be and are hereby DISMISSED WITHOUT PREJUDICE for failing to timely serve Defendant Davis pursuant to Federal Rule of Civil Procedure 4(m).
IT IS FURTHER ORDERED that the Court DECLINES the exercise of supplemental jurisdiction over any potential state law claims.
IT IS FURTHER ORDERED that this matter be and is hereby REFERRED to the Magistrate Judge for further proceedings consistent with this Order.
A partial judgment shall issue separately. Plaintiffs excessive force claims against Defendants Weatherspoon and Anderson remain pending.