Summary
adopting Report and Recommendation concluding that Section K of the Orleans Parish Criminal District Court is not a section 1983 person
Summary of this case from Lafrance v. New Orleans CityOpinion
CIVIL ACTION NO. 10-4519, SECTION "S" (3).
February 3, 2011
ORDER
The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore,
IT IS ORDERED that plaintiff's 42 U.S.C. § 1983 claims against the State of Louisiana, the City of New Orleans, Section K of the Orleans Parish Criminal District Court, Michael Monestere, Joshua Perry, and Amanda Frazier are DISMISSED WITH PREJUDICE as frivolous, for failure to state a claim on which relief may be granted, and/or for seeking monetary damages against a defendant who is immune from such relief.
IT IS FURTHER ORDERED that plaintiff's federal habeas corpus claims are DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies.
New Orleans, Louisiana, this 3rd day of February, 2011.