Lizotte v. LeBlanc et al

Filing 90

REPORT AND RECOMMENDATIONS regarding 28 MOTION for Partial Summary Judgment filed by Brandon Lizotte, 47 MOTION for Summary Judgment filed by Cynthia Nicholas, Clara Knapps, Burl Cain, Donna Ott, D. Major, Cindy Vannoy, Richard Peabody, James Le Blanc, Trish Foster, 84 MOTION for Summary Judgment filed by Samantha Davis. It is recommended that the Court decline to exercise supplemental jurisdiction over the plaintiffs state law claims and that the plaintiffs Motion for Summary Judgment, r ec.doc.no. 28 , be denied. It is further recommended that the defendants motions for summary judgment, rec.doc.nos. 47 and 84 , be granted, dismissing the plaintiffs unexhausted claims, without prejudice, pursuant to 42 U.S.C. § 1997e, and dismissing his remaining claims as being without constitutional merit, and that this action be dismissed.. Objections to R&R due by 12/23/2010. Signed by Magistrate Judge Christine Noland on 12/6/2010. (CMM)

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