Musso v. George et al

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
DUSTIN MUSSO
VERSUS
CIVIL ACTION
CAPTAIN ENRICO GEORGE, ET AL. 	NO. 25-00194-BAJ-EWD
RULING AND ORDER
On 	February 	5, 	2026, 	the 	Magistrate 	Judge 	issued 	a 	Report 	And
Recommendation (Doc. 40, the “R&R”) recommending that the Court deny
Plaintiff’s Motion to Remand (Doc. 10) because removal to this Court was proper.
(Doc. 40 at 2). The Report further recommends that the Court deny Defendant
Department of Public Safety and Corrections’ (“DPSC”) Motion to Dismiss (Doc. 9)
because Plaintiff is not asserting any federal claims against DPSC and because
Plaintiff’s state law vicarious liability claims against DPSC are plausible. (Doc. 40 at
12-15). The record shows that no objections to the R&R were filed.
Having 	carefully 	considered 	Defendant’s 	Notice 	of 	Removal 	(Doc. 	1),
Plaintiff’s Motion 	to 	Remand 	(Doc. 	10), 	Defendant’s 	Opposition 	(Doc. 	13), 	and
Plaintiff’s Reply Brief (Doc. 17), as well as Defendant DPSC’s Motion to Dismiss (Doc.
9) and Plaintiff’s Opposition (Doc. 11), the Court APPROVES the Magistrate Judge’s
Report And Recommendation and ADOPTS it as the Court’s opinion in this matter.
Accordingly,
IT IS ORDERED that Plaintiff’s Motion to Remand (Doc. 10) is DENIED.
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IT IS FURTHER ORDERED that Defendant DPSC’s Motion to Dismiss (Doc.
9) is DENIED.
IT IS FURTHER ORDERED that the Clerk’s Entry of Default entered
against Defendant Jeffrey Hall (Doc. 39) be VACATED.
IT IS FURTHER ORDERED that Plaintiff’s Counsel shall refrain from
asserting again in this Court the argument that the State of Louisiana cannot remove
a case from state court because no federal claim is asserted against it, only against
individual defendants, without addressing that this argument has been rejected
multiple times by this Court.
IT IS FURTHER ORDERED that this matter is REFERRED to the
Magistrate Judge for a scheduling conference and issuance of a scheduling order.
Baton Rouge, Louisiana, this 20th day of February, 2026
_____________________________________
JUDGE BRIAN A. JACKSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
ouisiana, this 20 	day ooooof February
_______________________	______________	__________ __________
GE BRIAN A JAC	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	CKS	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K	K 	ON
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