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15-7105 - Simmons v. Gusman et al


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15-7105 - Simmons v. Gusman et al
February 22, 2016
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REPORT AND RECOMMENDATIONS re 4 Complaint filed by Westley Chad Simmons. It is RECOMMENDED that plaintiff's first claim (that he was "[h]oused in a condemned part of O.P.S.O. facility") and his fourth claim (that the jail had "[n]o running water/no adequate hot & cold water") be DISMISSED WITHOUT PREJUDICE to their prosecution in Westley Simmons v. Marlin N. Gusman, et al., Civ. Action No. 15-5241 "B"(3) (E.D. La.). It is FURTHER RECOMMENDED that plaintiff's second claim (that he was "[b]it[ten] & infected by poisonous bugs/spiders") and third claim (that he was "[e]xposed to urine & feces contaminated water") be DISMISSED WITH PREJUDICE as frivolous and/or failing to state a claim upon which relief may be granted. Objections to R&R due by 3/7/2016. Signed by Magistrate Judge Sally Shushan.(gec)
April 11, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 9. Signed by Chief Judge Kurt D. Engelhardt on 4/11/2016.(mmm)