DANIEL E. KNOWLES, III, Magistrate Judge
Plaintiff currently has pending before this Court two motions, i.e. a "Motion to Served" and a "Motion to Denied Consent to Proceed Before a United States Magistrate Judge." Because those motions were virtually incomprehensible, a telephone status conference was held this date to determine precisely what plaintiff was seeking. Participating in that conference were Lance Hansen Ayers, plaintiff, and James Bryan Mullaly, for the defendants.
The Clerk of Court has not yet assigned a document number to that motion.
Rec. Doc. 78.
Regarding the "Motion to Served," which was filed with this Court on January 7, 2004, plaintiff indicated that he was seeking to have Mayor Ray Nagin served. However, plaintiff acknowledged that Nagin had already been served. Moreover, the Court explained to plaintiff that all claims against Nagin have already been dismissed. Therefore, plaintiff's motion to have Nagin served is DENIED AS MOOT. Because plaintiff alleged that he had not received notice of the dismissal of the claims against Nagin, the Clerk of Court is ORDERED to forward plaintiff another copy of Rec. Docs. 67 and 71.
See Rec. Doc. 15.
On August 18, 2003, the undersigned United States Magistrate Judge recommended that plaintiff's claims against Nagin regarding the conditions of plaintiff's confinement within the Orleans Parish Prison system be dismissed. Rec. Doc. 60. That recommendation was subsequently accepted by the United States District Judge and those claims against Nagin were dismissed. Rec. Doc. 67.
On August 29, 2003, a Spears hearing was held to determine what other claims, if any, plaintiff intended to bring against Nagin. At that hearing, plaintiff testified that his only claims against Nagin related to contamination of food within the Orleans Parish Prison system and plaintiff's alleged false arrest. On September 22, 2003, the undersigned issued a report noting that the food contamination claim had already been dismissed as part of plaintiff's conditions of confinement claim. In the report, it was also recommended that plaintiff's false arrest claim against Nagin be dismissed. Rec. Doc. 68. On November 20, 2003, the Partial Report and Recommendation was adopted by the United States District Judge and the remaining claim against Nagin was dismissed. Rec. Doc. 71.
Accordingly, all claims plaintiff has asserted against Nagin in this lawsuit have been dismissed.
Regarding the "Motion to Denied Consent to Proceed Before a United States Magistrate Judge," plaintiff stated that he would not consent to proceed pursuant to 28 U.S.C. § 636(c) and asked that his case be heard by the United States District Judge. That motion is GRANTED, and the trial scheduled in this matter for July 13, 2004, is hereby CANCELED. Accordingly, the United States District Judge is hereby advised of the lack of consent so that this matter may be set on his docket.
Plaintiff also indicated that, contrary to assertions at the conference held in this matter on December 22, 2003, he no longer wishes to withdraw his jury demand.