Fields v. Cain et al

Filing 24

RULING Adopting 23 Report and Recommendations of the U.S. Magistrate Judge. The plaintiffs claims asserted against defendant Dennis Hall are herebydismissed for failure of the plaintiff to serve this defendant within 120 days as mandated by Rule 4( m) of the Federal Rules of Civil Procedure, and the motion to dismiss filed by defendants (doc. 14) is granted in part and denied in part, dismissing the plaintiffs claims asserted against defendants, Burl Cain, Chad Menzina, Chad Butler, Johnny Tubb s and Ray Jones, with prejudice, and this matter is referred back to the Magistrate Judge for further proceedings in connection with plaintiffs claim against defendant James Douzart for failure to protect him from harm at the hands of a co-inmate on July27, 2010. Signed by Chief Judge Brian A. Jackson on 11/30/2011. (NLT)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
LEROY FIELDS (#115883)
CIVIL ACTION
VERSUS
NO. 11-244-BAJ-DLD
N. BURL CAIN, WARDEN, ET AL
RULING AND ORDER
The Court, having carefully considered the complaint, the record, the law
applicable to this action, and the Report and Recommendation of the United States
Magistrate Judge dated November 9, 2011 (doc. 23), to which no objection has been
filed, hereby approves the report and recommendation of the Magistrate Judge and
adopts it as the Court’s opinion herein.
Accordingly, plaintiff’s claims asserted against defendant Dennis Hall are hereby
dismissed for failure of the plaintiff to serve this defendant within 120 days as mandated
by Rule 4(m) of the Federal Rules of Civil Procedure, and the motion to dismiss filed by
defendants (doc. 14) is granted in part and denied in part, dismissing the plaintiff’s
claims asserted against defendants, Burl Cain, Chad Menzina, Chad Butler, Johnny
Tubbs and Ray Jones, with prejudice, and this matter is referred back to the Magistrate
Judge for further proceedings in connection with plaintiff’s claim against defendant
James Douzart for failure to protect him from harm at the hands of a co-inmate on July
27, 2010.
Baton Rouge, Louisiana, November 30, 2011.

BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA