Opinion
CIVIL ACTION NO. 13-2792 SECTION "E"(4) c/w 13-5033 SECTION "E"(4)
08-10-2015
WILFRED GUY SR. v. JAMES M. LEBLANC, ET AL.
ORDER
The Court, having considered the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of the plaintiff 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 Wilfred Guy Sr.'s 42 U.S.C. § 1983 claims against defendant, Officer Beverly T. Kelly, for false disciplinary charges and violation of due process are DISMISSED WITH PREJUDICE for failure to state a claim for which relief can be granted until such time as the conditions announced in Heck v. Humphrey, 512 U.S. 477 (1994) and Edwards v. Balisok, 520 U.S. 641 (1997) are met.
IT IS FURTHER ORDERED that Officer Beverly T. Kelly's Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) (Rec. Doc. No. 63) is GRANTED to the extent it seeks dismissal of Guy's § 1983 retaliation claim for failure to assert a constitutional violation and that Guy's § 1983 retaliation claim against Officer Kelly is DISMISSED WITH PREJUDICE for failure to state a claim for which relief can be granted.
New Orleans, Louisiana, this 10th day of August, 2015.
/s/ _________
SUSIE MORGAN
UNITED STATES DISTRICT JUDGE