Calloway v. Cain et al

Filing 62

OPINION: IT IS ORDERED that the Court declines to exercise supplemental jurisdiction over the pltf's state law claims and that the dft's 21 MOTION to Dismiss shall be granted in part, dismissing the pltf's claims asserted against dft Cathy Fontenot, dismissing the pltf's claims of wrongful denial of his administrative grievance and of a violation of prison rules and regulations, and dismissing the pltf's claims asserted against the dfts in their official capacity. IT I S FURTHER ORDERED that the dfts' motion to dismiss shall be denied relative tot he pltf's claim of denial of out-of-cell exercise, and that this action shall be referred back to the Magistrate Judge for further proceedings. Signed by Judge Frank J. Polozola on 1/12/2010. (CMM,)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA MYCHEAL CALLOWAY(#96740) VERSUS N. BURL CAIN, ET AL. OPINION After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report to which an objection was filed: IT IS ORDERED that the Court declines to exercise supplemental jurisdiction over the plaintiff's state law claims and that the defendants' motion to dismiss1 shall be granted in part, dismissing the plaintiff's claims asserted against defendant Cathy Fontenot, dismissing the plaintiff's claims of a wrongful denial of his administrative grievance and of a violation of prison rules and regulations, and dismissing the plaintiff's claims asserted against the defendants in their official capacities. IT IS FURTHER ORDERED that the defendants' motion to dismiss shall be denied relative to the plaintiff's claim of denial of outof-cell exercise, and that this action shall be referred back to

CIVIL ACTION NO. 08-0682-FJP-DLD

1

Rec. Doc. No. 21.

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the Magistrate Judge for further proceedings. Baton Rouge, Louisiana, January 12, 2010.

S FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

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