2:26-cv-01111•Ross v. Dagate et al
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JOSEPH JEROME ROSS VERSUS JASON DAGATE, ET AL. CIVIL ACTION NO. 26-1111 SECTION “I” (2) ORDER The Court, after considering the complaint, the record, the applicable law, the Magistrate Judge’s Report and Recommendation,1 and the objections2 by plaintiff, Joseph Jerome Ross, which are hereby OVERRULED, approves the Magistrate Judge’s Report and Recommendation and adopts it as its opinion. Accordingly, IT IS ORDERED that Plaintiff Joseph Jerome Ross’s § 1983 official-capacity claims against Judges Dagate and Arceneaux are DISMISSED WITHOUT PREJUDICE as barred by Eleventh Amendment immunity. IT IS FURTHER ORDERED that Plaintiff’s §1983 claims against Judges Dagate and Arceneaux in their personal capacities and against Terrebonne Parish District Attorney Joseph Waitz Jr., and Assistant D.A. Amanda Mustin, are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A(a)–(b), and 1997e(c) as frivolous based on judicial and prosecutorial immunity and otherwise for failure to state a claim for which relief can be granted. IT IS FURTHER ORDERED that Plaintiff’s §1983 claims against Assistant Public Defender Cheleste Gattschalk and Sheriff Timothy Soignet are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A(a)–(b), 1997e(c) as frivolous and otherwise for failure to state a claim for which relief can be granted. 1 Rec. Doc. No. 13 2 Rec. Doc. Nos. 14 and 15 Case 2:26-cv-01111-LMA-DPC Document 16 Filed 10/14/26 Page 1 of 2
2 IT IS FURTHER ORDERED that the case is DISMISSED WITHOUT PREJUDICE to Plaintiff’s right to pursue habeas relief. New Orleans, Louisiana, this 14 th day of October, 2026. _____________________________________ LANCE M. AFRICK UNITED STATES DISTRICT JUDGE Case 2:26-cv-01111-LMA-DPC Document 16 Filed 10/14/26 Page 2 of 2
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