Thomas v. Keith

Full title: DEMARCUS THOMAS v. TIM KEITH, ET AL.

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

Date published: Apr 21, 2015

CIVIL ACTION NO. 15-109 (W.D. La. Apr. 21, 2015)

Opinion

CIVIL ACTION NO. 15-109

04-21-2015

DEMARCUS THOMAS v. TIM KEITH, ET AL.

JUDGE TRIMBLE

MAGISTRATE JUDGE KIRK

JUDGMENT

Before the court is the Report and Recommendation of the Magistrate Judge, wherein it is recommended that Plaintiff's claims under 42 U.S.C. § 1983 against defendants Tim Keith, Warden Bludworth, Daniel Marr, Tommy Glover, Virgil Lucas, Pamela Horn, Brenda Smiley, Captain Maxwell, Supervisor Napper, Mona Heyse, Martha Booker, the Louisiana Department of Corrections and Corrections Corporation of America ("CCA") be denied and dismissed with prejudice for failure to state a claim upon which relief may be granted.¹ The court has reviewed the entire record in this case, including the objections filed by the Plaintiff² and finds that the Magistrate Judge's recommendations are correct under applicable law and jurisprudence and, therefore it is hereby

1 R. 8.

2 R. 10.

ORDERED, ADJUDGED and DECREED that Plaintiff's claims against all named defendants in this suit, excluding those for denial of adequate medical care, are DENIED and DISMISSED with prejudice.

Plaintiff's claims for denial of adequate medical care, referenced only briefly in his complaint,³ but detailed in Plaintiff's objections to the Report and Recommendation, are preserved for further proceedings.

3 R. 1.
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THUS DONE AND SIGNED in chambers at Alexandria, Louisiana this 21^st day of April, 2015.

/s/ _________

JAMES T. TRIMBLE, JR.

UNITED STATES DISTRICT JUDGE