Robertson v. Candis
Robertson v. Candis
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA DEMETRIUS DESHAWN ROBERTSON, CIVIL ACTION VERSUS NO. 24-2300 GRANT CANDIS, ET AL. SECTION: “E”(3)
O R D E R The Court, having considered the Complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge,1 and the failure of any party to file an objection to the Magistrate Judge’s Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge
and ADOPTS it as its opinion in this matter. Accordingly; IT IS HEREBY ORDERED that that any claims against Defendants, Grant Candis and Tyler Caruso in their official capacities, are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED the Plaintiff’s claims against Defendants Grant Candis and Tyler Caruso in their individual capacities are STAYED and CLOSED for statistical purposes. Either Plaintiff or the Defendants may move to reopen the case within sixty days of the state criminal proceeding becoming final for further proceedings consistent with Heck v. Humphrey,
512 U.S. 477(1994). Robertson is instructed that failure timely to file the motion to reopen could waive his opportunity to proceed with this civil action.
1 R. Doc. 25. IT IS FURTHER ORDERED that the Court retains jurisdiction over the stayed claims and that the case be restored to the trial docket upon motion once Plaintiff's criminal proceedings are concluded, so that the claims may proceed to final disposition. New Orleans, Louisiana, this 22nd day of April, 2025. Suse YM SUSIE wonagee UNITED STATES DISTRICT JUDGE
Reference
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