Burkette v. Travis et al, No. 3:2018cv00996 - Document 189 (M.D. La. 2024)
Court Description: OPINION adopting 185 Report and Recommendations of the U.S. Magistrate Judge; granting 88 Motion to Dismiss for Failure to State a Claim filed by R Kyle Ardoin, 89 Motion to Dismiss for Failure to State a Claim filed by Jeff Landry, 94 M otion to Dismiss for Failure to State a Claim filed by William Cox. All of Plaintiff Billy Burkette's official capacity claims against Ardoin, Landry, and Cox are dismissed without prejudice for lack of subject matter jurisdiction. All of Plain tiff Billy Burkette's individual capacity claims are dismissed with prejudice. The Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims, and that further leave to amend is denied. Signed by Judge John W. deGravelles on 3/22/2024. (JEG)
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Burkette v. Travis et al Doc. 189 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA BILLY BURKETTE CIVIL ACTION VERSUS NO. 18-996-JWD-EWD EAST FELICIANA PARISH SHERIFF, JEFFREY TRAVIS IN HIS OFFICIAL CAPACITY AS SHERIFF, AND INDIVIDUALLY; CHIEF DEPUTY GREG PHARES IN HIS OFFICIAL CAPACITY, AND INDIVIDUALLY; R. KYLE ARDOIN IN HIS OFFICIAL CAPACITY AND INDIVIDUALLY; WILLIAM “BILL” COX IN HIS OFFICIAL CAPACITY, AND INDIVIDUALLY; LOUISIANA ATTORNEY GENERAL, JEFF LANDRY, IN HIS OFFICIAL CAPACITY OPINION After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report dated February 23, 2024 (Doc. 185), to which an objection was filed and considered (Doc. 187), IT IS ORDERED that the Motion to Dismiss, (Doc. 88) filed by R. Kyle Ardoin; the Motion to Dismiss, (Doc. 89) filed by Attorney General Jeff Landry; and the Motion to Dismiss, (Doc. 94) filed by William Cox, is GRANTED. IT IS FURTHER ORDERED that all of Plaintiff Billy Burkette’s official capacity claims against Ardoin, Landry, and Cox are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that all of Plaintiff Billy Burkette’s individual capacity claims are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the Court declines to exercise supplemental jurisdiction over Dockets.Justia.com Plaintiff’s state law claims, and that further leave to amend is denied. Signed in Baton Rouge, Louisiana, on March 22, 2024. S JUDGE JOHN W. deGRAVELLES UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
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