Richard L. Bourgeois, Jr.
How Judge Bourgeois rules, drawn from 24 signed orders. Every observation links to the order it came from.
How Judge Bourgeois decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In a medical-indifference case, he recommended dismissal where the pleading showed only disagreement with the treatment provided rather than deliberate indifference.
“It is the recommendation of the magistrate judge that the defendant’s Motion to Dismiss (R. Doc. 13) be granted, dismissing the plaintiff’s claims against defendants Dr. Randy Lavespere, with prejudice.”
Procedural preferences
In a pro se prisoner's service dispute, he recommended denying a Rule 12(b)(5) dismissal and extending time where the plaintiff depended on the U.S. Marshals for service.
“It is recommended that the Motion to Dismiss (R. Doc. 18) be denied, that the time for service be extended so that service is deemed timely, and that this matter be referred back to the Magistrate Judge for further proceedings.”
In a removal dispute, he recommended remand where the removing party did not establish the amount in controversy under circuit precedent.
“the undersigned finds that this Court lacks subject matter jurisdiction and RECOMMENDS that the Motion (R. Doc. 2) be GRANTED and this action be REMANDED to the 19th Judicial District, East Baton Rouge Parish, Louisiana.”
Cautions
In one civil-rights case, he recommended vacating his earlier report and the order adopting it after concluding that the prior analysis was issued in error.
“It is further recommended that the defendant’s Motion to Dismiss (R. Doc. 19) be granted, dismissing the plaintiff’s claims asserted against defendant Gautreaux, with prejudice for the reasons stated herein, and that this matter be referred back to the Magistrate Judge for further proceedings herein.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“It is recommended that the Motion to Dismiss (R. Doc. 18) be denied, that the time for service be extended so that service is deemed timely, and that this matter be referred back to the Magistrate Judge for further proceedings.”
“It is the recommendation of the magistrate judge that the defendant’s Motion to Dismiss (R. Doc. 13) be granted, dismissing the plaintiff’s claims against defendants Dr. Randy Lavespere, with prejudice.”
“It is the recommendation of the Magistrate Judge that Defendants’ Motion to Dismiss (R. Doc. 32) be granted dismissing the plaintiff’s claims: (1) for deliberate indifference to his serious medical needs, (2) against State of Louisiana, Dixon Correctional Institute, and Dusty Bickham, with prejudice. It is further recommended that the plaintiff’s claims against defendant Sgt. Davis be dismissed, without prejudice, pursuant to Federal Rule of Civil Procedure 4(m).”
“It is further recommended that the defendant’s Motion to Dismiss (R. Doc. 19) be granted, dismissing the plaintiff’s claims asserted against defendant Gautreaux, with prejudice for the reasons stated herein, and that this matter be referred back to the Magistrate Judge for further proceedings herein.”
“It is the recommendation of the Magistrate Judge that Defendants’ Motion to Dismiss (R. Doc. 32) be granted, in part, dismissing the plaintiff’s claims: (1) for monetary damages asserted against defendants in their official capacities, (2) for deliberate indifference to his serious medical needs, (3) pertaining to the handling of his grievances and informal complaints, (4) pertaining to verbal abuse and/or harassment, and (5) against the Louisiana Department of Public Safety and Corrections, with prejudice. It is further recommended that the plaintiff’s claims against defendants Trent Barton, Darrel Vannoy, Jeremy McKey, Medical Director at LSP, and all Jane and/or John Doe defendants be dismissed, without prejudice, pursuant to Federal Rule of Civil Procedure 4(m).”
“It is recommended that defendant Sterling’s Motion to Dismiss (R. Doc. 16) be denied, and that this matter be referred back the Magistrate Judge for further proceedings herein.”
“It is the recommendation of the Magistrate Judge that the Motion to Dismiss filed on behalf of defendant Pinkney and Smith (R. Doc. 14) should be granted, dismissing the plaintiff’s claims against these defendants, with prejudice.”
“It is further recommended that the Motion to Dismiss filed on behalf of defendant Butler (R. Doc. 27) be granted, in part ... It is further recommended that the plaintiff be given 21 days to amend his Complaint to allege facts as to physical injuries sustained, if any, due to the alleged use of excessive force by defendant Butler.”
“the undersigned finds that this Court lacks subject matter jurisdiction and RECOMMENDS that the Motion (R. Doc. 2) be GRANTED and this action be REMANDED to the 19th Judicial District, East Baton Rouge Parish, Louisiana.”
“IT IS FURTHER RECOMMENDED that Defendant’s Motion for Partial Dismissal Pursuant to Rule 12(b)(6) (R. Doc. 13), which is unopposed, be GRANTED, and Plaintiff’s claims for violation of UCC 9-210, debt bondage, and violations of the FCRA be DISMISSED WITH PREJUDICE.”
“IT IS FURTHER RECOMMENDED that Plaintiff’s Motion for Preliminary Injunction (R. Doc. 23-2) be DENIED.”
“IT IS RECOMMENDED that the claims alleged in the Complaint (R. Doc. 1) be DISMISSED as frivolous and for failure to state a claim pursuant to 28 U.S.C. § 1915(e).”
“It is recommended defendant Kerr’s Motion to Quash (R. Doc. 16) be granted, and service of the subpoena be quashed.”
“It is further recommended that defendant Payne’s Motion to Dismiss (R. Doc. 17) be granted in part, and that the insufficient service on defendant Payne be quashed.”
“It is recommended that the Motion to Dismiss (R. Doc. 40) be granted, dismissing the plaintiff’s claims against Louisiana Department of Health, Eastern Louisiana Mental Health Systems, Tunsha Harris, Richard Bethley, Pamela Scott, Laura Lott, John Roberts III, and Rebekah Gee, with prejudice for failure to state a claim upon which relief may be granted.”
“It is further recommended, that the plaintiff’s Motion to Transfer (R. Doc. 44) be denied”
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