Williams v. Department of Social Services State of Louisiana, et al, No. 2:2023cv02851 - Document 9 (E.D. La. 2023)
Court Description: ORDER AND REASONS ADOPTING REPORT AND RECOMMENDATIONS 8 . IT IS HEREBY ORDERED that Plaintiff's 42 U.S.C. § 1983 and 18 U.S.C. § 1341 claims alleged against Defendants Cynthia Allen, Lana Woodard, Robert Trahan, and Daletria Bent ley be DISMISSED with prejudice. IT IS FURTHER ORDERED that Plaintiff's common law fraud, negligence, and conspiracy to commit fraud claims against all Defendants be DISMISSED without prejudice. IT IS FURTHER ORDERED that Plaintiff's claims against the Louisiana Department of Social Services Child Support Enforcement Section be DISMISSED without prejudice. Signed by Judge Wendy B Vitter on 11/15/2023.(cs)
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Williams v. Department of Social Services State of Louisiana, et al Doc. 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA PURNELL WILLIAMS CIVIL ACTION VERSUS NO. 23-2851 DEPARTMENT OF SOCIAL SERVICES, STATE OF LOUISIANA, ET AL. SECTION: D (2) ORDER AND REASONS The Court, having considered Plaintiff Purnell Williams’s Amended Complaint,1 the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge,2 and the failure of the Plaintiff to timely file any objection to the Report and Recommendation,3 hereby approves the Report and Recommendation and adopts it as its opinion in this matter. In doing so, the Court notes that it has construed Plaintiff Purnell Williams’s pro se pleading liberally.4 IT IS HEREBY ORDERED that Plaintiff’s 42 U.S.C. § 1983 and 18 U.S.C. § 1341 claims alleged against Defendants Cynthia Allen, Lana Woodard, Robert Trahan, and Daletria Bentley be DISMISSED with prejudice as malicious, frivolous, and/or for failure to state a claim for which relief can be granted pursuant 28 U.S.C. §§ 1915 and 1915A. IT IS FURTHER ORDERED that Plaintiff’s common law fraud, negligence, and conspiracy to commit fraud claims against all Defendants be DISMISSED R. Doc. 5. R. Doc. 8. 3 Objections were due October 30, 2023. Because Plaintiff is proceeding pro se, the Court has allowed additional time for objections. None have been filed as of the date of this Order. 4 See Coleman v. United States, 912 F.3d 824, 828 (5th Cir. 2019). 1 2 Dockets.Justia.com without prejudice because the Court declines to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c). IT IS FURTHER ORDERED that Plaintiff’s claims against the Louisiana Department of Social Services Child Support Enforcement Section be DISMISSED without prejudice in light of Plaintiff’s indication that he no longer seeks to pursue claims against this Defendant. New Orleans, Louisiana, November 15, 2023. ______________________________ WENDY B. VITTER United States District Judge
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