Turner v. Prince et al

Filing 27

RULING Adopting Report and Recommendation of the U.S. Magistrate Judge. Accordingly, the plaintiffs claims asserted against defendants Matthew Gamble and Sanket Veas are DISMISSED for failure of the plaintiff to serve these defendants within 120 days as mandated by Rule 4(m) of the Federal Rules of Civil Procedure. Further, the plaintiffs 19 Motion for Summary Judgment is DENIED, and the defendants 18 Motion for Summary Judgment is GRANTED, dismissing the plaintiffs claims asserted against t he defendant, 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. (CMM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
CARLTON TURNER (#372940)
CIVIL ACTION
VERSUS
NO. 11-29-JJB-CN
HOWARD PRINCE, 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. 25) 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 plaintiff’s claims asserted
against defendants Matthew Gamble and Sanket Veas are DISMISSED for failure of the
plaintiff to serve these defendants within 120 days as mandated by Rule 4(m) of the
Federal Rules of Civil Procedure. Further, the plaintiff’s Motion for Summary Judgment
(doc. no. 19) is DENIED, and the defendant’s Motion for Summary Judgment (doc. no. 18)
is GRANTED, dismissing the plaintiff’s claims asserted against the defendant, 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