NICKLES v. CAIN

Civil Action No. 16-00286-BAJ-RLB.

CLENANT NICKLES (#131849), v. BURL CAIN, ET AL.

United States District Court, M.D. Louisiana.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Clenant Nickles, Plaintiff, Pro Se.

Burl Cain, Defendant, represented by Grant Lloyd Willis , LA Department of Justice, Office of Attorney General.

Stephanie Lamartinere, Defendant, represented by Grant Lloyd Willis , LA Department of Justice, Office of Attorney General.


RULING AND ORDER

BRIAN A. JACKSON, Chief District Judge.

Before the Court is the United States Magistrate Judge's Report and Recommendation (Doc. 12), pursuant to 28 U.S.C. § 636(b)(1). The Magistrate Judge recommended that Plaintiff's claims asserted against Dr. J.D. Helms and Dr. John McCain be dismissed, without prejudice, for failure of Plaintiff to effect timely service upon them. (Doc. 12 at p. 9). The Magistrate Judge further recommended that the Motion to Dismiss (Doc. 10), filed on behalf of Defendants former Warden Burl Cain and Assistant Warden Stephanie Lamartiniere, be granted, and that Plaintiff's claims against Defendants Cain and Lamartiniere be dismissed, with prejudice. (Id.).

The Report and Recommendation notified Plaintiff that, pursuant to 28 U.S.C. § 636(b)(1), he had fourteen (14) days from the date he received the Report and Recommendation to file written objections to the proposed findings of fact, conclusions of law, and recommendations therein. (Doc. 12 at p. 1). Plaintiff timely filed an objection.1

Having carefully considered the underlying Complaint, the instant motions, and related filings, the Court approves the Magistrate Judge's Report and Recommendation, and hereby adopts the findings of fact, conclusions of law, and recommendation.

Accordingly,

IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 12) is ADOPTED as the Court's opinion herein.

IT IS FURTHER ORDERED that Plaintiff's claims against Dr. J.D. Helms and Dr. John McCain are DISMISSED WITHOUT PREJUDICE.

IT IS FURTHER ORDERED that Plaintiff's claims against Warden Burl Cain and Assistant Warden Stephanie Lamartiniere are DISMISSED WITH PREJUDICE.

FootNotes


1. Plaintiff's sole objection is a general objection to the dismissal of the claims against Defendants Cain and Lamartiniere. (See Doc. 13 at p. 1). Plaintiff's objection merely restates the facts presented in his complaint, but fails to demonstrate how the Magistrate Judge erred in the Report & Recommendation. (See Id. at 1-4). For Plaintiff to be entitled to relief, he must demonstrate that Defendants Cain or Lamartiniere were deliberately indifferent to Plaintiff's medical needs. Farmer v. Brennan, 511 U.S. 825, 834, 114 S.Ct. 1970, 1977, 128 L. Ed. 2d 811 (1994). Deliberate indifference requires more than a showing of mere negligence, and is akin to the subjective recklessness standard in criminal law. Id. at 837-39. However, Plaintiff's allegations do not demonstrate that either Defendant ignored Plaintiff's needs.

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