Greene v. DeMoss

Full title: TAYLA GREENE v. DAKOTA DEMOSS, ET AL.

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

Date published: Dec 29, 2020

CASE NO. 3:20-CV-00578 (W.D. La. Dec. 29, 2020)

Opinion

CASE NO. 3:20-CV-00578

12-29-2020

TAYLA GREENE v. DAKOTA DEMOSS, ET AL.

JUDGE TERRY A. DOUGHTY

MAG. JUDGE KAREN L. HAYES

JUDGMENT

The Report and Recommendation of the Magistrate Judge [Doc. No. 46] having been considered, together with the written Objections [Doc. Nos. 49 and 50] thereto filed with this Court, and, after a de novo review of the record, finding that the Magistrate Judge's Report and Recommendation is correct,

IT IS ORDERED, ADJUDGED, AND DECREED that the motions to dismiss for lack of subject matter jurisdiction filed by Defendant, Trooper Dakota DeMoss [Doc. No. 20] and Defendants, Trooper Kory York, Sergeant Floyd McElroy, Lieutenant John Clary, and Captain John Peters [Doc. No. 22] are DENIED, as moot.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the motions to dismiss for failure to state a claim upon which relief can be granted filed by Defendant, Trooper Dakota DeMoss [Doc. No. 20] as supplemented [Doc. No. 31], and Defendants, Trooper Kory York, Sergeant Floyd McElroy, Lieutenant John Clary, and Captain John Peters [Doc. No. 22], as supplemented [Doc. No. 30], are GRANTED-IN-PART, and that Plaintiff's denial-of-access claim is hereby DISMISSED, without prejudice, as to all defendants.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the motions to dismiss for failure to state a claim upon which relief can be granted and alternative motions for more definite statement filed by Defendant, Trooper Dakota DeMoss [Doc. No. 20] as supplemented [Doc. No. 31], and Defendants, Trooper Kory York, Sergeant Floyd McElroy, Lieutenant John Clary, and Captain John Peters [Doc. No. 22], as supplemented [Doc. No. 30], otherwise are DENIED.

Monroe, Louisiana, this 29^th day of December, 2020.

/s/_________

TERRY A. DOUGHTY

UNITED STATES DISTRICT JUDGE