Opinion
Civil Action 22-00068-BAJ-RLB
05-31-2023
DUMAURIEA L. MCGEE #718008 v. TRENT BARTON, ET AL.
RULING AND ORDER
JUDGE BRIAN A. JACKSON UNITED STATES DISTRICT COURT
This pro se prisoner action pursues claims of excessive force and deliberate indifference to medical needs. (Doc. 1, Doc. 13, Doc. 43). Now before the Court is Defendants' opposed Motion To Dismiss (Doc. 32), which raises multiple defenses to Plaintiffs claims. The Magistrate Judge has issued a Report and Recommendation (Doc. 44, “R&R”), recommending that Defendants' Motion be granted in part, and that all claims except Plaintiffs claims of excessive force against Defendant Marcus Jones be dismissed. Plaintiff objects to the R&R, (Doc. 44); Defendants do not object.
Upon de novo review, and having carefully considered the operative Complaint, Defendants' Motion to Dismiss, and related filings, the Court APPROVES the R&R and ADOPTS it as the Court's opinion in this matter.
Accordingly, IT IS ORDERED that Defendants' Motion To Dismiss (Doc. 32) be and is hereby GRANTED IN PART.
IT IS FURTHER ORDERED and that Plaintiffs following claims be and are hereby DISMISSED WITH PREJUDICE:
1. for monetary damages asserted against Defendants in their official capacities;
2. for deliberate indifference to Plaintiffs serious medical needs;
3. pertaining to the handling of Plaintiffs grievances and informal complaints;
4. pertaining to verbal abuse and/or harassment; and
5. against the Louisiana Department of Public Safety and Corrections.
IT IS FURTHER ORDERED that Plaintiffs claims against Defendants Trent Barton, Darrel Vannoy, Jeremy McKey, Medical Director at LSP, and all Jane and/or John Doe defendants be and are hereby DISMISSED WITHOUT PREJUDICE, for failure to effect timely service, as required by Federal Rule of Civil Procedure 4(m).
IT IS FURTHER ORDERED that, having dismissed substantially all of Plaintiffs federal claims, the Court declines to exercise supplemental jurisdiction over any potential state law claims.
IT IS FURTHER ORDERED that in all other respects, Defendants' Motion To Dismiss be and is hereby DENIED.
IT IS FURTHER ORDERED that this matter be and is referred back to the Magistrate Judge for further proceedings consistent with this Order.