Mitchell v. Thomas et al
| David Mitchell |
| Clarence Roberts and Willie Thomas |
| 3:2017cv00090 |
| February 16, 2017 |
| US District Court for the Middle District of Louisiana |
| Baton Rouge Office |
| John W. deGravelles |
| Erin Wilder-Doomes |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
87
RULING AND ORDER granting 73 Second Motion to Dismiss for Pursuant to FRCP 12(b)(6). All claims by Plaintiff David Mitchell under 42 U.S.C. 1983 claims are DISMISSED WITH PREJUDICE. All of Plaintiff's state law claims are DISMISSED WITHOUT PREJUDICE. Signed by Judge John W. deGravelles on 5/28/2019. (SWE)
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Filing
68
RULING AND ORDER granting 56 Second Motion to Dismiss for Failure to State a Claim, and Plaintiff's 42:1983 claims for retaliation, conspiracy, failure to protect, excessive/unnecessary force, and violation of prison regulations and/or state law constituting deliberate indifference, against Sgt. Clarence Roberts are DISMISSED WITH PREJUDICE. Plaintiff's state law negligence claim against Sgt. Clarence Roberts is DISMISSED WITHOUT PREJUDICE. Signed by Judge John W. deGravelles on 9/24/2018. (LLH)
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Filing
51
OPINION Adopting the 48 Report and Recommendation of the U.S. Magistrate Judge. Sgt. Roberts 28 Motion to Dismiss for Failure to State a Claim is GRANTED and the 32 Motion for Leave to File Amended Complaint for Damages is DENIED as futile . The dismissal is without prejudice to Plaintiff filing a Second Amended Complaint within thirty (30) days of the date this opinion. Sgt. Roberts 44 Motion to Stay Discovery, pending resolution of the Motion to Dismiss is DENIED as moot. Signed by Judge John W. deGravelles on 12/6/2017. (LLH)
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