Opinion
Civ. ACTION 3:22-00884
08-15-2023
DAVID GREEN, ET AL. v. CITY OF MONROE, ET AL.
KAYLA D. MCCLUSKY MAG. JUDGE
JUDGMENT
TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE
The Report and Recommendation of the Magistrate Judge [Doc. No. 66] having been considered, no objections thereto having been filed, IT IS ORDERED that the Rule 12(b)(6) motion to dismiss for failure to state a claim upon which can be granted [Doc. No. 55] filed by Defendant, Ouachita Correctional Center, is GRANTED, and Plaintiffs' claims against said Defendant only are hereby DISMISSED, WITH PREJUDICE pursuant to FED. R. CIV. P. 12(b)(6).
IT IS FURTHER ORDERED that the Rule 12(b)(6) motion to dismiss [Doc. No. 61] filed by Defendant, State of Louisiana, through the Department of Safety and Corrections (named in the FAC, as the “Louisiana Department of Public Safety”), which the court has construed as a Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction, is GRANTED, and that Plaintiffs' claims against said Defendant only are hereby DISMISSED, WITHOUT PREJUDICE pursuant to FED. R. CIV. P. 12(b)(1).
IT IS FURTHER ORDERED that the motion to dismiss pursuant to Rules 12(b)(2) and (5) for lack of personal jurisdiction and for insufficient service of process [Doc. No. 61] "is DENIED, as moot.