Vinet v. Smith

Full title: DARYL ANDREW VINET v. DR. SMITH, et al.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Date published: Jan 26, 2015

CIVIL ACTION NO: 14-1765 SECTION: R(3) (E.D. La. Jan. 26, 2015)

Opinion

CIVIL ACTION NO: 14-1765 SECTION: R(3)

01-26-2015

DARYL ANDREW VINET v. DR. SMITH, et al.

SARAH S. VANCE UNITED STATES DISTRICT JUDGE

ORDER AND REASONS

Before the Court is Daryl Vinet's 42 U.S.C. § 1983 civil rights complaint,¹ defendants' unopposed Motion to Dismiss for Failure to State a Claim,² and the Magistrate Judge's Report and Recommendation ("R&R") that Vinet's petition be dismissed with prejudice.³ The Court, having reviewed de novo the complaint, the record, the applicable law, and the Magistrate Judge's unopposed R&R, hereby approves the R&R and adopts it as its opinion.

1 R. Doc. 7.

2 R. Doc. 14. Because the Magistrate Judge considered documents outside of Vinet's complaint, the motion to dismiss must be treated as one for summary judgment. See Fed. R. Civ. P. 12(d).

3 R. Doc. 16.
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Accordingly,

Defendants' motion is GRANTED.

Daryl Vinet's civil rights complaint is DISMISSED WITH PREJUDICE. Any remaining state law claims are DISMISSED WITHOUT PREJUDICE.

New Orleans, Louisiana, this 26th day of January, 2015.

/s/_________

SARAH S. VANCE

UNITED STATES DISTRICT JUDGE