Clark v. Cain et al

Filing 13

RULING Adopting 12 Report and Recommendations of the U.S. Magistrate Judge.. Accordingly, the defendants Motion forSummary Judgment 11 is GRANTED, dismissing the plaintiffs claims asserted against the defendants, without prejudice, for failure to exhaust administrative remedies as mandated by 42 U.S.C. § 1997e, but with prejudice to his refiling of the same claim or claims in forma pauperis. Signed by Judge James J. Brady on 9/14/2011. (LSM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
PHILLIP CLARK (#107322)
CIVIL ACTION
VERSUS
NO. 09-718-JJB-CN
WARDEN BURL CAIN, ET AL.
RULING
The court has carefully considered the petition, the record, the law applicable to this
action, and the Report and Recommendation of United States Magistrate Judge Christine
Noland dated August 25, 2011 (doc. no. 12) to which no objection has been filed.
The court hereby approves the report and recommendation of the magistrate judge
and adopts it as the court’s opinion herein. Accordingly, the defendants’ Motion for
Summary Judgment (doc. no. 11) is GRANTED, dismissing the plaintiff’s claims asserted
against the defendants, without prejudice, for failure to exhaust administrative remedies as
mandated by 42 U.S.C. §1997e, but with prejudice to his refiling of the same claim or
claims in forma pauperis.
Baton Rouge, Louisiana, September 14, 2011.

JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA