LaVergne v. Vannoy et al

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
BRANDON S. LAVERGNE CIVIL ACTION
VERSUS
DARREL VANNOY, ET AL. NO. 22-00470-BAJ-SDJ
RULING AND ORDER
The Magistrate Judge issued a Report And Recommendation (Doc. 98, the
"Report") recommending that the Court dismiss Plaintiffs claims against
Defendants Douglas McDonald, Donnie Bordelon, Unknown Magee, Ken Gremillion,
Shannon Demars, Terry Bordelon, Rachel Ambeau, and Anne Marie Easley, with
prejudice, for failure to serve under Fed. R. Civ. Proc. 4(m) and as superfluous and
duplicative under 28 U.S.C. § 1915A.1 (Doc. 98 at 6). There are no objections to the
Report.
After carefully considering Plaintiffs Complaint, the Report, and the entirety
of the record before the Court, the Court APPROVES the IVIagistrate Judge's Report
and Recommendation and ADOPTS it as the Court s opinion in this matter.
Accordingly,
1 The Magistrate Judge emphasized that although Rule 4(m) provides for dismissal without
prejudice, the Court should dismiss these claims with prejudice under Section 1915A because
they are duplicative and superfluous.
Case 3:22-cv-00470-BAJ-SDJ Document 101 03/03/26 Page 1 of 2

IT IS ORDERED that Plaintiffs claims against Defendants
Douglas IVIcDonald, Donnie Bordelon, Unknown Magee, Ken Gremillion,
Shannon Demars, Terry Bordelon, Rachel Ambeau, and Anne Marie Easley, are
DISMISSED WITH PREJUDICE under Fed. R. Civ. Proc. 4(m) for failure to timely
serve and as superfluous and duplicative under 28 U.S.C. § 1915A.
IT IS FURTHER ORDERED that this matter is immediately REFERRED
to the IVIagistrate Judge for the issuance of a Scheduling Order.
.^Baton Rouge, Louisiana, this ^""^lay of March, 2026
JUDGE BRIAN A. J4.CHSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
Case 3:22-cv-00470-BAJ-SDJ Document 101 03/03/26 Page 2 of 2