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16-1745 - Jones v. Spencer et al


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16-1745 - Jones v. Spencer et al
June 14, 2016
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ORDER & REASONS denying 18 Motion to Appoint Counsel. Signed by Magistrate Judge Karen Wells Roby. (cml)
June 14, 2016
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ORDER & REASONS denying 19 Motion for Discovery. Signed by Magistrate Judge Karen Wells Roby. (cml)
October 5, 2016
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REPORT AND RECOMMENDATIONS: RECOMMENDED that 5 Complaint filed by Deshawn Jones be DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted pursuant to 28 U.S.C. 1915, 1915A, and 42 U.S.C. 1997e. FURTHER ORDERED that 20 First MOTION to Dismiss for Failure to State a Claim filed by New Orleans City and 30 MOTION to Dismiss for Failure to State a Claim filed by Favis Spencer, Lesia Washington be DISMISSED as moot in light of the recommendation that the claims against these defendants be dismissed on other grounds. Objections to R&R due by 10/19/2016. Signed by Magistrate Judge Karen Wells Roby.(cml)
November 4, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 31. It is ORDERED that the 42 U.S.C. 1983 claims filed by the plaintiff, DeShawn Jones, against the defendants, the City of New Orleans, the Orleans Parish Police Jury and Orleans Parish and against Orleans Parish Sheriff Marlin Gusman, Secretary James LeBlanc, Nurse Favis Spencer, Nurse Lesia Washington, Warden Chavez Ruiz, and Captain Franklin, each in their individual and official capacity, are DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted pursuant to 28 U.S.C. 1915, 1915A, and 42 U.S.C. 1997e. It is FURTHER ORDERED that the Motion to Dismiss (Rec. Doc. No. 20) filed by defendant City of New Orleans and the Motion to Dismiss Pursuant to Rule 12(b)(6) for Failure to State Claim (Rec. Doc. No. 30) filed by the defendants Nurse Spencer and Nurse Washington are DISMISSED as moot. Signed by Judge Carl Barbier.(gec)