Smith v. Hebert et al
Filing 79
RULING Adopting 57 Report and Recommendations of the US Magistrate Judge, The defendant's 41 motion for summary judgment is granted, dismissing the plaintiff's claims that he was subjected to an excessive use of force and that excessive force was applied in retaliation for filing an administrative grievance, for failure to exhaust available administrative remedies pursuant to 42 USC 1997e(a), and with prejudice to refiling them in forma paupers status. Further, this matter is referred back to the magistrate judge for further proceedings. Signed by Chief Judge Ralph E. Tyson on 1/7/2009. (NLT, )
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