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Small v. U.S., 1:17-cv-01497. (2018)

Court: District Court, W.D. Louisiana Number: infdco20181025672 Visitors: 12
Filed: Oct. 16, 2018
Latest Update: Oct. 16, 2018
Summary: JUDGMENT DEE D. DRELL , District Judge . For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law; IT IS ORDERED that the United States' motion to dismiss (Doc. 11) is GRANTED and plaintiff's intentional tort claims for battery are DISMISSED without prejudice pursuant to Heck v. Humphrey , 512 U.S. 477 (1994). IT
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JUDGMENT

For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law;

IT IS ORDERED that the United States' motion to dismiss (Doc. 11) is GRANTED and plaintiff's intentional tort claims for battery are DISMISSED without prejudice pursuant to Heck v. Humphrey, 512 U.S. 477 (1994).

IT IS FURTHER ORDERED that the plaintiff's negligence claims are DISMISSED without prejudice for lack of subject matter jurisdiction.

Source:  Leagle

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