Randolph v. London et al

Filing 34

OPINION Adopting 32 Report and Recommendations of the U.S. Magistrate Judge. 21 Motion for Partial Summary Judgment filed by James LeBlanc shall be granted, dismissing the pla's claims against this dft for failure of the pla to exhaust admi nistrative remedies pursuant to 42 U.S.C.§ 1997e. 22 Motion to Dismiss filed by G. London shall be granted, dismissing the pla's claims asserted against this dft in the dft's official capacity. Pla's remaining claims shall be dismissed as legally frivolous pursuant to 28 U.S.C. §1915, and that this action shall be dismissed. Signed by Judge Frank J. Polozola on 1/12/10. (BP, )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA CLARENCE RANDOLPH, JR. (#480981) VERSUS CAPT. G. LONDON, ET AL. OPINION

CIVIL ACTION NO. 09-0179-FJP-CN

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 motion for partial summary judgment1 of defendant James LeBlanc shall be granted, dismissing the

plaintiff's claims against this defendant for failure of the plaintiff to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e. IT IS FURTHER ORDERED that the motion to dismiss2 of defendant G. London shall be granted, dismissing the plaintiff's claims asserted capacity. IT IS FURTHER ORDERED that the plaintiff's remaining claims shall be dismissed as legally frivolous pursuant to 28 U.S.C. § against this defendant in the defendant's official

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Rec. Doc. No. 21.

Rec. Doc. No. 22. Doc#46545

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1915, and that this action shall be dismissed. Judgment shall be entered accordingly. Baton Rouge, Louisiana, January 12, 2010.

S FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA CLARENCE RANDOLPH, JR. (#480981) VERSUS CAPT. G. LONDON, ET AL. JUDGMENT For the written reasons assigned: IT IS ORDERED AND ADJUDGED that judgment shall be entered, granting the motion for partial summary judgment of defendant James LeBlanc and dismissing the plaintiff's claims against this CIVIL ACTION NO. 09-0179-FJP-CN

defendant for failure of the plaintiff to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e. IT IS FURTHER ORDERED AND ADJUDGED that the motion to dismiss of defendant G. London shall be granted, dismissing the plaintiff's claims asserted against this defendant in the defendant's official capacity. IT IS FURTHER ORDERED AND ADJUDGED that the plaintiff's remaining claims shall be dismissed as legally frivolous pursuant to 28 U.S.C. § 1915, and that this action shall be dismissed. Baton Rouge, Louisiana, January 12, 2010.

S FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

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