Reed v. Dauzat

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION BOBBY RAY REED #105864 CIVIL ACTION NO. 24-cv-021 SEC P

VERSUS JUDGE TERRY A. DOUGHTY MICHELE DAUZAT MAGISTRATE JUDGE PEREZ-MONTES JUDGMENT For the reasons assigned in the Report and Recommendation of the Magistrate Judge [Doc. No. 16] previously filed herein, having thoroughly reviewed the record, including the Objection filed by Plaintiff Bobby Ray Reed (“Reed”) [Doc. No. 17], and concurring with the findings of the Magistrate Judge under the applicable law, IT IS ORDERED, ADJUDGED, AND DECREED that the Petition [Doc. No. 1] and the Amended Complaint [Doc. No. 7] filed by Reed are DISMISSED WITH PREJUDICE as to the jurisdictional issue but WITHOUT PREJUDICE as to the merits.! MONROE, LOUISIANA, this the 23rd day of May 2024.\,

TERRY A-DQUGHTY (\) UNITED(STATES DISTRI€1 DGE

' Pack v Yusuff, 218 F.3d 448, 454 (5" Cir. 2000) (“Because the district court did not rule on the merits of Pack’s claim, his petition should be dismissed with prejudice regarding the jurisdictional issue only, and dismissed without prejudice regarding all other issues.”). Reed v. Young, 471 F.App’x 284, 285 (5" Cir. 2012) (unpublished) (because the district court lacked jurisdiction, its judgment should reflect that the dismissal was with prejudice as to the jurisdictional issue, and without prejudice as to the merits of Reed’s claim).