Fields v. Cain et al

Filing 78

RULING Adopting 76 Report and Recommendations of the U.S. Magistrate Judge. ORDER OF DISMISSAL: This action is dismissed, without prejudice for failure of plaintiff to exhaust administrative remedies relative to his claims as mandated by 42 U.S.C. § 1997e, but with prejudice to re-assertion of the same claim or claims in forma pauperis. Signed by Chief Judge Brian A. Jackson on 11/29/2012. (SMG)

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 OF DISMISSAL
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
Docia L. Dalby dated November 8, 2012 (doc. 76), and plaintiff’s opposition filed
November 27, 2012 (doc. 77).
The Court hereby approves the report and recommendation of the magistrate
judge and adopts it as the Court’s opinion herein.
Accordingly, IT IS ORDERED that this action is dismissed,
without prejudice for failure of plaintiff to exhaust administrative remedies relative to his
claims as mandated by 42 U.S.C. § 1997e, but with prejudice to re-assertion of the
same claim or claims in forma pauperis.
Baton Rouge, Louisiana, November 29, 2012.

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