Harris v. Lopinto ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA EMANUEL HARRIS, JR. CIVIL ACTION VERSUS NO. 23-197 SHERIFF JOSEPH LOPINTO, ET AL. SECTION “R” (1) ORDER Plaintiff’s amended complaint alleging claims under 42 U.S.C. § 1983 was referred to Magistrate Judge Janis van Meerveld for a Report and Recommendation (“R&R”) and to conduct an evidentiary hearing, if necessary. Magistrate Judge van Meerveld conducted a Spears hearing and reviewed the complaint sua sponte for frivolousness under 28 U.S.C. § 1915(e)(2) and § 1915A and 42 U.S.C. § 1997e(c). Magistrate Judge van Meerveld recommended that: (1) plaintiff’s claims against defendant Joseph Lopinto be dismissed as frivolous and otherwise without merit; (2) the claims against defendants Brianne Carter and Aaron Savoie be stayed; (3) the claims against defendants Gabriel Marquez Castro, Zachary Babin, and Elliot Somen concerning the nature of the charges against plaintiff be stayed; and (4) the excessive-force claims against defendants Marquez Castro, Babin, and Somen proceed pending further development.1 Plaintiff did not object 1 R. Doc. 9. to the R&R. Therefore, this Court reviews the R&R for clear error. See Douglass v. United Servs. Auto. Assn, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1); see also Fed. R. Civ. P. 72(b) advisory committee’s note (1983) (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the reeommendation.”). The Court finds no clear error. Therefore, the Court adopts Magistrate Judge van Meerveld’s R&R as its opinion. Plaintiffs excessive-force claims against defendants Marquez Castro, Babin, and Somen may proceed pending further development. Plaintiffs claims against defendant Lopinto are DISMISSED WITH PREJUDICE. Plaintiff's remaining claims are STAYED until plaintiffs related state criminal proceedings are concluded. New Orleans, Louisiana, this__Ist__ day of June, 2023. Arwk Vav1er. SARAH S. VANCE UNITED STATES DISTRICT JUDGE