Pellegrin v. Seal et al
| Carl Pellegrin |
| Ronnie D. Seal, Jordan D. Silva and Douglas D. Miller |
| 2:2015cv06335 |
| November 19, 2015 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Washington |
| Lance M Africk |
| Karen Wells Roby |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
18
ORDER ADOPTING REPORT AND RECOMMENDATIONS 16 - IT IS ORDERED that Carl Pellegrin's 42 U.S.C. § 1983 claims of excessive force seeking monetary relief against the defendants, Captain Ronnie D. Seal, Sgt. Master Jordan D. Silva, and Sgt. D ouglas D. Miller, each in their official capacity are DISMISSED WITH PREJUDICE as frivolous, for failure to state a claim for which relief can be granted, and otherwise for seeking relief against an immune defendant under 28 U.S.C. § 1915A. IT IS FURTHER ORDERED that Pellegrin's § 1983 claims of excessive force seeking monetary and injunctive relief against the defendants Captain Seal, Sgt. Master Silva, and Sgt. Miller, in their individual capacities, and the § 1983 claims of excessive force seeking prospective injunctive relief against the defendants in their official capacities, are DISMISSED WITH PREJUDICE until such time as the conditions pronounced in Heck v. Humphrey, 512 U.S. 477 (1994), are met. IT IS FURTHER ORDERED that Pellegrin's state law claims are DISMISSED WITHOUT PREJUDICE as the Court declines to exercise its supplemental jurisdiction, having dismissed Pellegrin's federal claims. Signed by Judge Lance M Africk.(bwn)
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