Opinion
CIVIL ACTION NO.: 3:18-cv-00738-BAJ-SDJ
08-13-2020
MARSHALL WHITLEY v. JAMES LEBLANC, ET AL.
AMENDED RULING AND ORDER
Before the Court is Defendant James LeBlanc's MOTION TO DISMISS (Doc. 18), seeking dismissal of Plaintiff's Complaint (Doc. 1) for failure to state a claim under 42 U.S.C. § 1983. The Magistrate Judge has issued a REPORT AND RECOMMENDATION (Doc. 21) recommending that Defendant's Motion be granted and that Plaintiff's Complaint be dismissed with prejudice. Plaintiff filed a timely Objection to the Magistrate Judge's Report. (Doc. 23).
On July 17, 2020, the Court issued its original Ruling and Order adopting the Magistrate Judge's Report and Recommendation. (Doc. 22). When this original Order was entered, however, the Court was unaware that on July 14, 2020 Plaintiff filed a timely Objection into the record. (Doc. 23). Upon learning of this oversight, the Court sua sponte vacated its original Ruling and Order to allow consideration of Plaintiff's Objection. (Doc. 24). Now, having considered Plaintiff's Objection—which essentially restates arguments advanced in Plaintiff's Complaint and considered by the Magistrate Judge in reaching his recommendation—the Court issues this Amended Ruling and Order. --------
Having independently considered Defendant's Motion (Doc. 18) and related filings—including Plaintiff's Objection (Doc. 23)—the Court APPROVES the Magistrate Judge's REPORT AND RECOMMENDATION (Doc. 21), and ADOPTS it as the Court's opinion herein.
Accordingly,
IT IS ORDERED that Plaintiff's Complaint (Doc. 1) is DISMISSED WITH PREJUDICE for the reasons explained in the Magistrate Judge's Report and Recommendation (Doc. 21).
Baton Rouge, Louisiana, this 13th day of August, 2020
/s/ _________
JUDGE BRIAN A. JACKSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA