2:25-cv-01982•Stephens v. Day et al
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA SPENCER VARDARMAN STEPHENS, III VERSUS TRAVIS DAY, ET AL CIVIL ACTION NO. 25-1982 SECTION “I” (2) ORDER The Court, after considering the complaint, the record, the applicable law, the Magistrate Judge’s Report and Recommendations,1 and finding that as of this date plaintiff has filed no objections to the Magistrate Judge’s Report and Recommendations, hereby approves the Magistrate Judge’s Report and Recommendations and adopts it as its opinion. Accordingly, IT IS ORDERED that the Rule 12(b)(1) motion2 to dismiss Plaintiff’s 42 U.S.C. § 1983 claims seeking monetary damages asserted against Travis Day, Keith Bickham, Kevin Luper, Karla Wheat, Dr. Juan Martinez, and Colonel Wade Rigdon in their official capacity is GRANTED and those claims are DISMISSED WITHOUT PREJUDICE, leaving for resolution the §1983 claims against Defendants in their individual capacity. IT IS FURTHER ORDERED that the Rule 12(b)(6) motion to dismiss Plaintiff’s ADA claims asserted against Travis Day, Keith Bickham, Kevin Luper, Karla Wheat, Dr. Juan Martinez, and Colonel Wade Rigdon in their individual capacity is GRANTED and those claims are DISMISSED WITH PREJUDICE, leaving for resolution the ADA claims against Defendants in their official capacity. New Orleans, Louisiana, this 14 th day of October 2026. _________________________________ LANCE M. AFRICK UNITED STATES DISTRICT JUDGE 1 Rec. Doc. Nos. 36 and 38 2 Rec. Doc. No. 32 Case 2:25-cv-01982-LMA-DPC Document 39 Filed 10/15/26 Page 1 of 1
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