Steele v. Duncan et al

Filing 26

RULING Adopting 24 Report and Recommendations of the U.S. Magistrate Judge. Pla's claims asserted against dft S. Duncan are dismissed for failure of the pla to serve this dft within 120 days as mandated by Rule 4(m) of the FRCP. The motion fo r partial summary judgment, rec.doc.no. 13, is granted, dismissing all of the pla's claims asserted against dfts A. Boeker, J. Hooks, A. McCoy, Dr. Roundtree, James Summers and M. Thomas, and dismissing the pla's claims of property destruct ion and interference with access to the courts asserted against dft Terry Sharp for failure of the pla to exhaust administrative remedies relative to these claims pursuant to 42 U.S.C. § 1997e. The motion to dismiss of dft Burl Cain, rec.doc.no. 12, is granted, dismissing the pla's claims asserted against this dft, with prejudice, for failure of the pla to state a claim upon which relief may be granted as to this dft, and this matter is referred back for further proceedings in connection with the pla's claim of excessive force asserted against dfts Terry Sharp and Clinton Reid in the dfts' individual capacities.. Signed by Judge James J. Brady on 9/16/10. (BP, )