Carter v. Cain et al
Filing 51
RULING: The court hereby approves the 49 report and recommendation of the magistrate judge and adopts it as the court's opinion herein. Accordingly, plaintiff's claims asserted against James Tyler, Curtis Celestine, "Sgt. Johnson&quo t;, "Sgt. Blackmore", "Sgt. Lewis", "Sgt. Griffin", "Sgt. Mealey", "Sgt. Gordon" and the "C-Team D-Team at Camp J, Camp C Jaguar" are dismissed for failure of the plaintiff to serve these d efendants within 120 days as mandated by Rule 4(m) of the Federal Rules of Civil Procedure. The 30 Motion for Summary Judgment of defendants Andrea Ferguson,Johnny Howard, David Ross, Jr., James Wilkinson, Burl Cain, Newman Dupas, Eric Burkes, Loui s Boyd, Danny Bonner and Joshwa Cain is granted, dismissing the plaintiff's claims asserted against these defendants for failure of the plaintiff to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e, and this matter is referred back for further proceedings relative to the plaintiff's claims asserted against the remaining defendant, Walter Newman. Signed by Chief Judge Ralph E. Tyson on 8/11/2010. (CMM,)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
