Opinion
CIVIL ACTION 18-1045-SDD-RLB
07-31-2019
ELLIOT MONTANA (#293682) v. DARREL VANNOY, ET AL.
RULING
The Court has carefully considered the Motion, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Richard L. Bourgeois, Jr. dated July 16, 2019, to which an objection was filed and also reviewed.
Rec. Doc. 13.
Rec. Doc. 19.
Rec. Doc. 20. --------
The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein.
ACCORDINGLY, the Defendants, Wesley Spillman and John Doe, are hereby DISMISSED, without prejudice, for failure to timely effect service upon them.
IT IS FURTHER ORDERED that the Defendants' Motion to Dismiss (Rec. Doc. 13) is hereby GRANTED dismissing: (1) the Plaintiff's claims against Defendants, Vannoy and Falgout, and (2) the Plaintiff's claims for monetary damages asserted against Defendant Simpson, in his official capacity, with prejudice.
IT IS FURTHER ORDERED that the Court declines to exercise supplemental jurisdiction over the Plaintiff's potential state law claims, and this matter is hereby referred back to the Magistrate Judge for additional proceedings herein.
Baton Rouge, Louisiana the 31 day of July, 2019.
/s/ _________
SHELLY D. DICK, CHIEF DISTRICT JUDGE
MIDDLE DISTRICT OF LOUISIANA