Opinion
CIVIL ACTION NO. 17-0235-JWD-EWD
08-27-2018
JOHNNY THOMPSON (#89353) v. MS. SHERYL RANATZA
OPINION
Before the Court is the Plaintiff's Objection to Magistrate's (sic) Judge's Report and Recommendation. (Doc. 24.) The Court has reviewed the Report and Recommendation (Doc. 23) ("R&R") and Plaintiff's objection. The Objection is overruled. In his objection, Plaintiff raises new issues and complaints not made in his Complaint. (Doc. 1.) While he has not attempted to amend his complaint to add these new allegations, such an amendment would be futile since, as stated in the R&R, Plaintiff is essentially challenging the specific outcome of his pardon application, a claim he must first pursue in a federal habeas corpus proceeding. (Doc. 23 at 6-7.) Therefore, the Plaintiff's objection (Doc. 24) is overruled, the Motion to Dismiss (Doc. 17) is granted, and this action is dismissed without prejudice to Plaintiff's right to pursue habeas corpus relief.
Judgment shall be entered accordingly.
Signed in Baton Rouge, Louisiana, on August 27, 2018.
/s/ _________
JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA