Smith v. Kliebert et al
| Thomas J. Smith |
| Kathy Kliebert, Department of Health and Hospitals State of Louisiana, South Central Louisiana Human Service Authority - Developmental Disabilities, Lafourche Arc and Easter Seals of Louisiana, Inc. |
| 2:2015cv01775 |
| May 27, 2015 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Lafourche |
| Martin L.C. Feldman |
| Joseph C. Wilkinson |
| Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 |
| Plaintiff |
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Filing
41
ORDER & REASONS: ORDERED that Easter Seals' Motion to Dismiss (Rec. Doc. 12 ); DHH, SCLHSA, and Kliebert's Motion to Dismiss (Rec. Doc. 22 ); and Lafourche ARC's Motion to Dismiss (Rec. Doc. 37 ) are GRANTED. The above-captioned action is DISMISSED. Plaintiff's claim seeking review of the DHH's decision to terminate his benefits under the NOW program, over which this Court lacks subject matter jurisdiction, is DISMISSED without prejudice. Plaintiff's federa l allegations, which do not state a plausible claim upon which relief can be granted, are DISMISSED with prejudice. FURTHER ORDERED that Plaintiff's Motion for Emergency Preliminary Injunction (Rec. Doc. 9 ) is DENIED. FURTHER ORDERED that Defendants' Motion for Leave to File Reply to Plaintiff's Opposition (Rec. Doc. 38 ) is DENIED as moot. Signed by Judge Carl Barbier on 8/12/15. (sek)
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