Opinion
Civil Action 20-00485-BAJ-EWD
07-07-2022
SHAWANDA NEVERS v. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, ET AL.
RULING AND ORDER
BRIAN A. JACKSON, JUDGE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA.
Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 17), recommending that the Court dismiss Plaintiffs claims, in part, with prejudice for failure to state a claim and as legally frivolous pursuant to 28 U.S.C. §§ 1915(e) and 1915A. (Doc. 1.7, p. 18). The .Magistrate Judge recommends that the Court maintain Plaintiffs claims for monetary damages against Defendants Assistant Warden LaShawnda Burks, Deputy Warden Morgan Leblanc, Warden Frederick M. Boutte, Colonel “Brown,” Assistant Warden Freddie J. Jackson, and Assistant Warden “Pedascleaux” in their individual capacities for failure to protect. (Id.). There are no objections to the Report and Recommendation.
Having carefully considered the underlying Complaint, the Report and Recommendation at issue, and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation, and ADOPTS it as the Court's opinion herein.
Accordingly, IT IS ORDERED that Plaintiffs claims are DISMISSED IN PART, WITH PREJUDICE, for failure to state a claim and as legally frivolous pursuant to 28 (J.S.C. §§ 1915(e) and 1915A. The following claims remain: Plaintiffs claims for monetary damages against Defendants Assistant Warden LaShawnda Burks, Deputy Warden Morgan Leblanc, Warden Frederick M. Boutte, Colonel “Brown,” Assistant Warden Freddie J. Jackson, and Assistant Warden “Pedascleaux” in their individual capacities for failure to protect.
IT IS FURTHER ORDERED that this matter is REFERRED to the Magistrate Judge for further proceedings.