Hill v. Maynard ( 2024 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA SHANE L. HILL CIVIL ACTION VERSUS NO. 23-3956 DEPUTY C. MAYNARD SECTION M (2) ORDER After considering the complaint, the record, the applicable law, the magistrate judge’s Report and Recommendation (“R&R”),1 and the plaintiff’s objection to the R&R,2 the Court hereby overrules the plaintiff’s objection, approves the R&R, and adopts it as its opinion in this matter. The plaintiff’s bare-bones objection does not address the points made in the well-reasoned R&R. Accordingly, IT IS ORDERED that plaintiff Shane L. Hill’s 42 U.S.C. § 1983 claims against defendant Deputy C. Maynard in his official capacity are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915 and § 1915A as frivolous and for failure to state a claim for which relief can be granted. IT IS FURTHER ORDERED that plaintiff Hill’s § 1983 claims against defendant Maynard in his individual capacity challenging Hill’s arrest and conviction for disturbing the peace are DISMISSED WITH PREJUDICE until such time as the conditions provided in Heck v. Humphrey, 512 U.S. 477 (1994), are met. IT IS FURTHER ORDERED that plaintiff Hill’s state constitutional and tort law claims against defendant Maynard are DISMISSED WITHOUT PREJUDICE because the court declines to exercise supplemental jurisdiction. 1 R. Doc. 10. 2 R. Doc. 13. New Orleans, Louisiana, this 15th day of January, 2024. _________________________________ BARRY W. ASHE UNITED STATES DISTRICT JUDGE 2