Opinion
Civil Action 20-00768-BAJ-RLB
08-17-2022
DAVID REPATH #484984 v. JAMES LEBLANC, ET AL.
RULING AND ORDER
BRIAN A. JACKSON JUDGE UNITED STATES DISTRICT COURT
As set forth in this Court's Order of November 2, 2021 (Doc. 22), this pro se prisoner action asserts a violation of procedural due process resulting from Defendants' alleged unauthorized removal of funds from Plaintiffs offender account. Previously, the Court dismissed with prejudice Plaintiffs official capacity claims for monetary damages, and dismissed without prejudice Plaintiffs individual capacity claims due to Plaintiffs failure to allege Defendants' personal involvement in the events that resulted in removal of funds from his account (or implementation of policies resulting in the same), permitting Plaintiff leave to amend his Complaint within 60 days. (Id.).
On December 30, 2021, Plaintiff timely submitted his Amended Complaint. (Doc. 23). Thereafter, on January 18, 2022, Defendants submitted a Second Motion To Dismiss (Doc. 24), again seeking dismissal with prejudice of Plaintiffs action. The deadline to oppose Defendants' Motion is long past, with no opposition from Plaintiff.
On July 25, 2022, the Magistrate Judge issued a Report and Recommendation (Doc. 35, “R&R”), recommending that all claims asserted against Defendants James LeBlanc and Darryl Vannoy be dismissed with prejudice, and that Plaintiffs individual capacity claim for compensatory damages against Defendant Sondra Rosso be dismissed with prejudice, leaving only Plaintiffs official capacity claims for declaratory and injunctive relief against Defendant Rosso. The R&R further recommends that this matter be referred back to the Magistrate Judge for further proceedings. The deadline to object to the R&R is past, with no objection from Plaintiff or Defendants.
Having carefully considered the matter, and in the absence of any objection, the Court APPROVES the R&R's analysis, and ADOPTS that analysis as the Court's opinion herein. Accordingly, IT IS ORDERED that Defendants' Second Motion To Dismiss Pursuant To Federal Rules Of Civil Procedure 12(b)(6) (Doc. 24) be and is hereby GRANTED IN PART.
IT IS FURTHER ORDERED and that all claims asserted against Defendants James LeBlanc and Darryl Vannoy be and are DISMISSED WITH PREJUDICE, and that Defendants James LeBlanc and Darryl Vannoy be and are hereby DISMISSED FROM THESE PROCEEDINGS.
IT IS FURTHER ORDERED and that Plaintiffs claim for compensatory damages-i.e., Plaintiffs individual capacity claim-against Defendant Sondra Rosso be and is hereby DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that in all other respects Defendants' Motion be and is hereby DENIED, and that this matter be and is hereby REFERRED back to the Magistrate Judge for further consideration of Plaintiffs remaining official capacity claims for declaratory and injunctive relief against Defendant Rosso.