Mitchell v. Reed et al

Filing 25

RULING Adopting of the U.S. Magistrate Judge and ORDER DISMISSING CASE. The motion for summary judgment of the remaining defendants (doc. 21) is granted, dismissing the plaintiffs claims, without prejudice, for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e, but with prejudice to the plaintiffs right to assert the same claim or claims in formapauperis. Signed by Chief Judge Brian A. Jackson on 5/30/2012. (PJH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

VERNON MITCHELL (25649)
CIVIL ACTION
VERSUS
NO. 11-317-BAJ-DLD
CAPTAIN MATT REED, ET AL
RULING AND
ORDER OF DISMISSAL
The Court, having carefully considered the petition, the motion, the record, the
law applicable to this action, and the Report and Recommendation of United States
Magistrate Judge Docia L. Dalby dated May 15, 2012 (doc. 23), and plaintiff’s objection
thereto filed May 24, 2012 (doc. 24), hereby approves the report and recommendation
of the magistrate judge and adopts it as the Court’s opinion herein.
Accordingly, IT IS ORDERED that plaintiff’s claims asserted against defendants
Matt Reed and L. Marshall 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.
IT IS FURTHER ORDERED that the motion for summary judgment of the
remaining defendants (doc. 21) is granted, dismissing the plaintiff’s claims, without
prejudice, for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e,

but with prejudice to the plaintiff’s right to assert the same claim or claims in forma
pauperis.
Baton Rouge, Louisiana, May 30, 2012.

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