Menne v. Louisiana Department of Corrections et al

Filing 4

OPINION Adopting 2 Report and Recommendations of the U.S. Magistrate Judge. The petitioner's application for habeas corpus relief shall be dismissed, without prejudice, for failure to exhaust state remedies. IT IS FURTHER ORDERED that to the e xtent plaintiff has sought relief under 42 U.S.C. § 1983, these claims are also dismissed and that plaintiff's motion seeking mandamus relief is hereby denied. Judgment shall be entered accordingly. Signed by Judge Frank J. Polozola on 04/06/2011. (NLT)

-SCR Menne v. Louisiana Department of Corrections et al

Doc. 4

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA HARVEY C. MENNE (#348312) CIVIL ACTION VERSUS NUMBER 11-93-FJP-SCR LOUISIANA DEPARTMENT OF CORRECTIONS, 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 petitioner's application for habeas corpus relief shall be dismissed, without prejudice, for failure to exhaust state remedies. IT IS FURTHER ORDERED that to the extent plaintiff has sought relief under 42 U.S.C. § 1983, these claims are also dismissed. IT IS FURTHER ORDERED that plaintiff's motion seeking mandamus relief is hereby denied. Judgment shall be entered accordingly. Baton Rouge, Louisiana, April 6, 2011.

S FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

Doc#47220

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