Bauer v. Gattuso ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA TONNY BAUER CIVIL ACTION VERSUS NO. 22-549 PHILIP GATTUSO, ET AL. SECTION: D (4) ORDER AND REASONS The Court, having considered Plaintiff Tonny Bauer’s 42 U.S.C. § 1983 Complaint,1 the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge,2 and the failure of the Plaintiff to file any objection to the Report and Recommendation,3 hereby approves the Report and Recommendation and adopts it as its opinion in this matter. In doing so, the Court notes that it has construed Plaintiff Tonny Bauer’s pro se pleading liberally.4 IT IS HEREBY ORDERED that Plaintiff’s 42 U.S.C. § 1983 claims alleged in his Complaint5 against Defendants, Philip Gattuso, Darrel Carbo, Theresa Carbo, Christian Reine, Lester Hamlin, Craig Miller, Katina Price, Sandy Zara, Vickie Delise, and David Motter are DISMISSED with prejudice, pursuant to 28 U.S.C. §§ 1915(e), 1915A and 42 U.S.C. § 1997e(c) as frivolous and for failing to state a claim 1 R. Doc. 4. 2 R. Doc. 11. 3 Objections were due January 23, 2023. Because Plaintiff is proceeding pro se, the Court has allowed additional time for objections. None have been filed as of the date of this Order. 4 See Coleman v. United States, 912 F.3d 824, 828 (5th Cir. 2019). 5 R. Doc. 4. upon which relief may be granted, for the reasons stated in the Report and Recommendation. New Orleans, Louisiana, February 6, 2023. Vcttey- WENDY B. NITTER United States District Judge