Hayward v. LeBlanc et al

Filing 62

OPINION Adopting 56 Report and Recommendations of the U.S. Magistrate Judge. IT IS ORDERED that the plaintiff's complaint shall be dismissed without prejudice for failure to exhaust available administrative remedies pursuant to 42 U.S.C.  7; 1997e(a), and with prejudice to refiling them in forma pauperis. IT IS FURTHER ORDERED that the plaintiff's claims against Wayne Sullivan shall be dismissed pursuant to 42 U.S.C. § 1997e(e). Judgment shall be entered accordingly.. Signed by Judge Frank J. Polozola on 6/22/2011. (LSM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
DANNIE R. HAYWARD, SR. (#301013)
CIVIL ACTION
VERSUS
NUMBER 10-613-FJP-DLD
JAMES M. LEBLANC, ET AL
O P I N I O N
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

dismissed

ORDERED

without

that

the

prejudice

plaintiff's

for

failure

complaint
to

exhaust

shall

be

available

administrative remedies pursuant to 42 U.S.C. § 1997e(a), and with
prejudice to refiling them in forma pauperis.
IT IS FURTHER ORDERED that the plaintiff's claims against
Wayne Sullivan shall be dismissed pursuant to 42 U.S.C. § 1997e(e).

Judgment shall be entered accordingly.
Baton Rouge, Louisiana, June 22, 2011.

9
FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

Doc#47321