UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

BRANDI STALNAKER, CIVIL DOCKET NO. 1:20-CV-01292 Plaintiff

VERSUS JUDGE DAVID C. JOSEPH

BAKER HUGHES, A GE COMPANY, MAGISTRATE JUDGE JOSEPH H.L. LLC, ET AL, Defendants PEREZ-MONTES

J U D G M E N T

Before the Court is a REPORT AND RECOMMENDATION (“R&R”) of the Magistrate Judge previously filed herein, which recommended for the reasons cited therein that the claims against the Louisiana Department of Environmental Quality (“DEQ”) be dismissed with prejudice. [ECF No. 18]. Because an improper joinder adjudication concerns the issue of jurisdiction rather than merits, “the dismissal of a nondiverse party over whom the court does not have jurisdiction must be a dismissal without prejudice in every instance.” Int'l Energy Ventures Mgmt., L.L.C. v. United Energy Grp., Ltd.,

(5th Cir. 2016). The Court therefore amends the R&R to dismiss the DEQ without prejudice. Noting the absence of objections to the R&R, and having determined that the Magistrate Judge’s findings and recommendations are otherwise correct under the applicable law; IT IS HEREBY ORDERED that Plaintiff’s Motion to Remand and Motion for Attorney Fees [ECF No. 5] is DENIED. IT IS FURTHER ORDERED that Plaintiffs claims against the DEQ are DISMISSED WITHOUT PREJUDICE. THUS, DONE AND SIGNED in Chambers, this 18th day of August 2021. Cbavd C DAVID C. JOSEPH UNITED STATES DISTRICT JUDGE