Tyson v. Tanner et al

Filing 224

ORDER ADOPTING REPORT AND RECOMMENDATIONS 220 - the Motion for Summary Judgment (Rec. Doc. No. 173) filed by the defendants, Warden Robert Tanner, former Warden Jeffrey Travis, Major Tim Crawford, and Captain Wade Rigdon, is GRANTED; FURTHER ORDERE D that Tyson's Motion for Counter-Defense (Rec. Doc. No. 167), Motion for Summary Judgment (Rec. Doc. No. 175), Motion to Compel (Rec. Doc. No. 184), Motion to Rule on Class-Action Certification (Rec. Doc. No. 186), and Amended Motion for Summary Judgment (Rec. Doc. No. 187) are DENIED AS MOOT. Signed by Judge Lance M Africk.(car, )

Tyson v. Tanner et al

Doc. 224

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ANTONIO TYSON VERSUS ROBERT C. TANNER-WARDEN, ET AL. ORDER The Court, having considered the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the amended objection by plaintiff, Antonio Tyson, which is hereby OVERRULED, approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED the Motion for Summary Judgment (Rec. Doc. No. 173) filed by the defendants, Warden Robert Tanner, former Warden Jeffrey Travis, Major Tim Crawford, and Captain Wade Rigdon, is GRANTED, and the claims brought pursuant to 42 U.S.C. § 1983 and state law by the plaintiff, Antonio Tyson, are DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a). IT IS FURTHER ORDERED that Tyson's Motion for Counter-Defense (Rec. Doc. No. 167), Motion for Summary Judgment (Rec. Doc. No. 175), Motion to Compel (Rec. Doc. No. 184), Motion to Rule on Class-Action Certification (Rec. Doc. No. 186), and Amended Motion for Summary Judgment (Rec. Doc. No. 187) are DENIED AS MOOT. New Orleans, Louisiana, this CIVIL ACTION NO. 08-4445 SECTION "I"(4)

14th

day of March, 2011.

____________________________________ LANCE M. AFRICK UNITED STATES DISTRICT JUDGE

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