Seymore v. Bergeron et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CHRISTOPHER DARNELL SEYMORE 	CIVIL ACTION
VERSUS 	NO. 25-1756
JASON BERGERON, ET AL. 	SECTION “L” (2)
ORDER
The Court, having considered the complaint, the record, the applicable law, the Report and
Recommendation of the United States Magistrate Judge, R. Doc. 6, and the failure of any party to
file an objection to the Magistrate Judge’s Report and Recommendation, hereby approves the
Magistrate Judge’s Report and Recommendation and adopts it as its opinion in this matter.
Accordingly, for the foregoing reasons,
IT IS ORDERED that Plaintiff is GRANTED forty-five (45) days from the date of this
Order within which to file an Amended Complaint setting forth all facts necessary to state a claim
as stated herein for Plaintiff’s § 1983 claims alleging unconstitutional conditions of confinement
based on mold, insects, lack of air conditioning, and leaks. If Plaintiff fails to do so, his claims will
be DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A(a)–(b), and 42 U.S.C. § 1997e(c)(1)
for failure to state a claim for which relief can be granted.
IT IS FURTHER ORDERED that Plaintiff’s claims against Parish President Bergeron,
Sheriff Soignet, Warden Ledet, and Sgt. Fanguy premised on respondeat superior liability are
DISMISSED WITH PREJUDICE, pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A(a)–(b), and 42
U.S.C. § 1997e(c)(1) as frivolous and otherwise for failure to state a claim for which relief can be
granted, without leave to amend.
IT IS FURTHER ORDERED that Plaintiff’s claims against Terrebonne Public Defender
Kerry Byrne is DISMISSED WITH PREJUDICE, pursuant to 28 U.S.C. §§ 1915(e)(2),
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1915A(a)–(b), and 42 U.S.C. § 1997e(c)(1) as frivolous and otherwise for failure to state a claim
for which relief can be granted, without leave to amend.
IT IS FURTHER ORDERED that Plaintiff’s claims against District Attorney Joseph
Waitz, 32nd Judicial District Court Judge Randall Bethancourt, and Assistant District Attorney
Patricia 	Parker 	Floyd 	are 	DISMISSED 	WITH 	PREJUDICE, 	pursuant 	to 	28 	U.S.C.
§§ 1915(e)(2), 1915A(a)-(b), and 42 U.S.C. § 1997e(c)(1) as frivolous and otherwise for failure to
state a claim for which relief can be granted, without leave to amend.
New Orleans, Louisiana, this 10th day of November, 2025.
____________________________________
THE HONORABLE ELDON E. FALLON
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