LaVergne v. Cain et al
| Brandon S. LaVergne |
| N. Burl Cain, Trish Foster, Larry Smith, Cindy Vannoy, Michael Vaughn and Amber Vittirao |
| Supervisor of Investigative Services |
| 3:2015cv00034 |
| January 26, 2015 |
| US District Court for the Middle District of Louisiana |
| Baton Rouge Office |
| Brian A. Jackson |
| Stephen C. Riedlinger |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
178
ORDER: The Magistrate Judge's Report and Recommendation is ADOPTED. Defendants' 163 Motion for Summary Judgment is GRANTED. The above captioned case is DISMISSED. Signed by Judge Brian A. Jackson on 10/22/2018. (KAH)
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Filing
173
RULING AND ORDER: The 169 Report and Recommendation of the U.S. Magistrate Judge is ADOPTED. The 163 Motion for Summary Judgment is GRANTED. The above- captioned case is DISMISSED. Signed by Judge Brian A. Jackson on 9/13/2018. (KAH)
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Filing
153
ORDER: Plaintiff's 141 Motion to Enforce Order and Hold in Contempt, 147 Motion to Compel Answers, 148 Motion to Hold in Contempt, and 150 Motion to Compell are GRANTED IN PART, such that Defendants are directed to provide supplemental responses to Plaintiff's discovery requests within fourteen (14) days of the date of this Order and, if necessary, to meet and confer with Plaintiff within such time in an attempt to resolve any outstanding discovery issues. Plaintiff's req uest for a finding of contempt and/or for the imposition of sanctions is hereby DENIED at this juncture. Defendants are advised that failure to timely comply with this Order may result in sanctions. Signed by Magistrate Judge Erin Wilder-Doomes on 10/18/2017. (LLH)
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Filing
149
RULING Adopting 139 Report and Recommendation of the U.S. Magistrate Judge; denying 110 Motion for Summary Judgment and this matter is referred back to the Magistrate Judge for further proceedings. Signed by Chief Judge Brian A. Jackson on 9/5/2017. (KAH)
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Filing
106
ORDER denying 101 Motion for Restraining Order Preliminary Injunction. Signed by Chief Judge Brian A. Jackson on 10/07/2016. (ELW)
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Filing
99
RULING AND ORDER: The 98 for Leave to Amend 97 Traverse Response to Magistrates Report and Recommendations is GRANTED. The 96 Report and Recommendation of the U.S. Magistrate Judge is adopted as the Court's opinion. The 44 Motion to Dis miss is GRANTED IN PART AND DENIED IN PART dismissing all claims brought by Plaintiff against Defendants Trish Foster, Cindy Vannoy, Amber Vittiaro, and all claims against Defendant N. Burl Cain EXCEPT Plaintiffs 42 U.S.C. § 1983 claim brought against Defendant N. Burl Cain in his individual capacity for subjecting Plaintiff to a mail block. The 57 Motion to Dismiss is GRANTED IN PART and DENIED IN PART, dismissing all claims against Defendant Paul Smith and all claims against Defend ant Michael Vaughn EXCEPT Plaintiff's 42 U.S.C. § 1983 claim brought against Defendant Michael Vaughn in his individual capacity for subjecting Plaintiff to a mail block. The 82 Motion for Summary Judgment is DENIED. Plaintiffs 42 U. S.C. § 1983 claims against Defendants in their official capacity for monetary damages are DISMISSED. Plaintiffs 42 U.S.C. § 1983 claims against Cindy Vannoy, Trish Foster, Paul Smith, and Amber Vittirai are DISMISSED WITH PREJUDICE. Plaintiffs 42 U.S.C. § 1983 claims against Defendant N. Burl Cain and Michael Vaughn are DISMISSED except those claims arising from the imposition of a mail block. Signed by Chief Judge Brian A. Jackson on 9/30/2016. (LLH)
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Filing
89
RULING AND ORDER denying 78 Motion for Reconsideration of 74 ORDER. Signed by Chief Judge Brian A. Jackson on 5/25/2016. (LLH)
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Filing
88
ORDER denying 55 , 83 , 84 , 85 Motion to Amend. The Court advises Plaintiff that no further amendment or supplementation of the claims asserted in this proceeding shall be allowed. Signed by Magistrate Judge Erin Wilder-Doomes on 5/25/2016. (LLH)
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Filing
60
RULING denying 53 Motion for Rehearing on Motion to Amend to Add Defendants and Introduce Documents. Signed by Magistrate Judge Stephen C. Riedlinger on 12/21/2015. (LLH)
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Filing
48
RULING: The 39 Motion to Sever and Remove Defendant from This Suit is denied as unnecessary as to Michael Smith and as moot as to defendant Maj. Larry Smith. The 43 Motion to Correct Under F. Civil Code Rule 15(c), treated as a motion for leave to amend, is granted, correcting the name of defendant Maj. Larry Smith to Lt. Col. Paul Smith. An order to issue summons and for service will be issued. Signed by Magistrate Judge Stephen C. Riedlinger on 11/19/2015. (LLH)
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Filing
35
RULING and ORDER Adopting the 27 Report and Recommendation of the U.S. Magistrate Judge. Plaintiff's 26 Motion for Default Judgment is DENIED and 34 Motion for Service Order is GRANTED. The United States Marshals Service is APPOINTED to serve Defendants. Plaintiff IS TO COMPLETE Form-USM 285, and UPON RECEIPT OF SERVICE FEES, the United States Marshals Service SHALL SERVE Defendants wherever found. Plaintiff is GRANTED AN ADDITIONAL 45 DAYS TO SERVE Defendants. Signed by Chief Judge Brian A. Jackson on 10/7/2015. (LLH)
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Filing
30
RULING denying 28 Motion for Reconsideration re 25 Order on Motion for Entry of Default. Signed by Magistrate Judge Stephen C. Riedlinger on 8/27/2015. (LLH)
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Filing
18
RULING AND ORDER : Plaintiff SHOW CAUSE, in writing, why this matter should not be dismissed for failure to serve any of the defendants within the period outlined in Rule 4(m). Plaintiffs response must be received by this Court within fourteen (14) days of this Order. Failure to respond will result in dismissal of Plaintiff's claims. Signed by Chief Judge Brian A. Jackson on 6/15/2015. (LLH)
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Filing
9
RULING: The 8 Amendment to Add Plaintiff signed by Tiffany Gilcrease, treated as a motion for leave to intervene, is granted. The 6 Motion for Reconsideration filed by plaintiff Brandon S. Lavergne is denied as moot. Signed by Magistrate Judge Stephen C. Riedlinger on 3/9/2015. (SMG)
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Filing
5
RULING denying 4 Motion for Leave to Amend Complaint to add Plaintiff. Signed by Magistrate Judge Stephen C. Riedlinger on 15-34. (LLH)
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Filing
2
ORDER TO PAY FULL FILING FEE: The plaintiff is barred from proceeding informa pauperis because he has, on three prior occasions, while incarcerated, brought an action in federal court that was dismissed as frivolous or for failure to state a claim up on which relief can be granted. The plaintiff is granted 21 days from the date of this order to pay the court's filing fee in the amount of $400. The filing fee must be paid in full in a single payment. No partial payment of fees will be accepted. Failure to pay the filing fee within 21 days shall result in the dismissal of the plaintiff's complaint without prejudice. Filing Fee due by 2/17/2015. Signed by Magistrate Judge Stephen C. Riedlinger on 01/26/2015. (BCL)
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