Opinion
CIV. ACTION 3:22-06174
10-05-2023
COMEKIA THOMAS, ET AL. v. SHERIFF GARY GILLEY, ET AL.
KAYLA D. MCCLUSKY MAG. JUDGE
JUDGMENT
TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE
The Report and Recommendation of the Magistrate Judge [Doc. No. 26] having been considered, together with the written Objections [Doc. No. 27] filed by Plaintiffs Comekia Thomas and Shequila Thomas (“Plaintiffs”) and, after a de novo review of the record, finding that the Magistrate Judge's Report and Recommendation is correct and that judgment as recommended therein is warranted, IT IS ORDERED, ADJUDGED, AND DECREED that the Rule 12(b)(6) Motion to Dismiss For Failure to State a Claim Upon Which Relief Can be Granted [Doc. No. 17] filed by Defendants, Sheriff Gary Gilley, and Warden Joel Weatherly, is GRANTED, and that Plaintiffs' federal law claims against all Defendants are hereby DISMISSED WITH PREJUDICE. FED. R. CIV. P. 12(b)(6).
IT IS FURTHER ORDERED that Plaintiffs' remaining state law claims are hereby REMANDED to the Fifth Judicial District Court for the Parish of Richland, State of Louisiana, whence they were removed. 28 U.S.C. § 1367(c)(3).