Opinion
CIVIL ACTION NO. 12-564-JJB-RLB
07-08-2013
GLENN CALVIN DAMOND v. JAMES LEBLANC, ET AL.
RULING
The court has carefully considered the complaint, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Richard L. Bourgeois, Jr. dated June 18, 2013 (doc. no. 46). The plaintiff has filed an objection which merely restates his prior argument and has been duly considered.
The court hereby approves the report and recommendation of the magistrate judge and adopts it as the court's opinion herein. Accordingly, the court declines to exercise supplemental jurisdiction relative to the plaintiffs state law claims and the defendants' Motion to Dismiss (doc. no. 27) is GRANTED, dismissing the plaintiffs claim for monetary damages against the defendants in their official capacities and dismissing the plaintiffs remaining claims, with prejudice, for failure to state a claim upon which relief may be granted until the conditions set forth in Heck v. Humphrey, supra, are met: Further; the defendants' Motion to Dismiss (doc. no. 12) is DENIED AS MOOT.
Baton Rouge, Louisiana, this 8th day of July, 2013.
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JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA