Rodriguez v. Cain et al

Filing 104

OPINION Adopting 98 Report and Recommendations... the Court declines to exercise supplemental jurisdiction over the plaintiffs state law claims, The Court grants 31 Motion for Partial Summary Judgment, filed by Chad Oubre, James M. LeBlanc, N. Bu rl Cain, Dave Akenbrand, 18 Motion for Partial Summary Judgment, filed by N. Burl Cain, Dave Akenbrand, and 57 Motion for Partial Summary Judgment filed by John Larry Calvert...dismissing this action with prejudice...Judgment shall be entered.. Signed by Judge Frank J. Polozola on 09/28/2011. (KDC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
LUIS RODRIGUEZ (#381927)
CIVIL ACTION
VERSUS
NO. 10-0736-FJP-DLD
N. BURL CAIN, 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 ORDERED that the Court declines to exercise supplemental
jurisdiction over the plaintiff’s state law claims, and that the
defendants’

Motions

for

Summary

Judgment,1

shall

be

granted,

dismissing the plaintiff’s claim asserted against defendant Burl
Cain –that the defendant failed to train and/or supervise his
employees – for failure to exhaust administrative remedies as
mandated

by

42

U.S.C.

§

1997e,

and

dismissing

all

of

the

plaintiff’s remaining claims asserted against the defendants, with
prejudice, and that this action shall be dismissed.
Judgment shall be entered accordingly.
Baton Rouge, Louisiana, September 28, 2011.

S
FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

1

Rec. Doc. Nos. 18, 31 and 57.
Doc#47497