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06-9876 - Foster v. State of Louisiana Department of Corrections et al


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06-9876 - Foster v. State of Louisiana Department of Corrections et al
July 9, 2008
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REPORT AND RECOMMENDATIONS re 20 MOTION to Dismiss Party State of Louisiana, through the Department of Public Safety and Corrections filed by State of Louisiana Department of Corrections. Objections to R&R due by 7/23/2008. Signed by Magistrate Judge Karen Wells Roby on 7/9/08.(rll, )
August 11, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 28. ORDERED that the Motion to Dismiss 12 filed by the State of Louisiana through the Department of Public Safety and Corrections is GRANTED and the Title 42 U.S.C. 1983 and state law claims filed by Napoleon Foster, against this defendant are DISMISSED without prejudice for lack of jurisdiction. IT IS FURTHER ORDERED that Foster's 1983 claims against Orleans Parish Sheriff Marlin Gusman, Elayn Hunt Correctional Center, Orleans Parish and Concordia Parish, are DISMISSED with prejudice. IT IS FURTHER ORDERED that Foster's state tort claims against are DISMISSED without prejudice as stated herein. Signed by Judge Kurt D. Engelhardt on 8/11/08.(cab)