Mitchell v. Thomas et al, No. 3:2017cv00090 - Document 51 (M.D. La. 2017)

Court Description: OPINION Adopting the 48 Report and Recommendation of the U.S. Magistrate Judge. Sgt. Roberts 28 Motion to Dismiss for Failure to State a Claim is GRANTED and the 32 Motion for Leave to File Amended Complaint for Damages is DENIED as futile . The dismissal is without prejudice to Plaintiff filing a Second Amended Complaint within thirty (30) days of the date this opinion. Sgt. Roberts 44 Motion to Stay Discovery, pending resolution of the Motion to Dismiss is DENIED as moot. Signed by Judge John W. deGravelles on 12/6/2017. (LLH)
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Mitchell v. Thomas et al Doc. 51 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA DAVID MITCHELL CIVIL ACTION VERSUS NO. 17-90-JWD-EWD WILLIE THOMAS, ET AL. OPINION After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report dated November 21, 2017, to which an objection was filed; IT IS ORDERED that Sgt. Roberts’ Motion to Dismiss is GRANTED, (Doc. 28) and that Plaintiff’s Motion for Leave to File Amended Complaint for Damages, (Doc. 32) is DENIED as futile. IT IS FURTHER ORDERED that the dismissal is without prejudice to Plaintiff filing a Second Amended Complaint within thirty (30) days of the date this opinion. IT IS FURTHER ORDERED that Sgt. Roberts’ Motion to Stay Discovery, (Doc. 44) pending resolution of the Motion to Dismiss is DENIED as moot. Signed in Baton Rouge, Louisiana, on December 6, 2017. S JUDGE JOHN W. deGRAVELLES UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA Dockets.Justia.com