Rhodes v. Jackson et al

Filing 58

RULING: Accordingly, the motion for partial summary judgment filed by dfts Howard Prince, Frederick Boutte, Freddie Jackson, James Dulaney, and Clay Williams doc. 13 , the motion for partial summary judgment filed by dft Dr. Matthew Gamble doc. 31 and the motion to dismiss filed by Lt. Jason Russ doc. 55 are GRANTED. Judgment shall issue separately.. Signed by Chief Judge Brian A. Jackson on 3/28/2012. (CMM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

LEONARD C. RHODES (128585)
CIVIL ACTION
VERSUS
NO. 11-370-BAJ-SCR
LT. F. JACKSON, ET AL

RULING
The Court, having carefully considered the motions for partial summary
judgment, the motion to dismiss, the record, the law applicable to this action, the
Report and Recommendation of United States Magistrate Judge Stephen C.
Riedlinger dated February 29, 2012 (doc. 56), and plaintiff’s objection thereto (doc.
57), hereby approves the report and recommendation of the magistrate judge and
adopts it as the Court’s opinion herein.
Accordingly, the motion for partial summary judgment filed by defendants
Howard Prince, Frederick Boutte, Freddie Jackson, James Dulaney, and Clay
Williams (doc. 13), the motion for partial summary judgment filed by defendant Dr.
Matthew Gamble (doc. 31) and the motion to dismiss filed by Lt. Jason Russ (doc.
55) are GRANTED.
Judgment shall issue separately.
Baton Rouge, Louisiana, March 28, 2012.

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

IT IS FURTHER ORDERED that plaintiff’s claims that the defendants
conspired to have him transferred from the HSU, the defendants had other inmates
assault him in retaliation for filing administrative grievances, that he was sprayed
with a chemical agent, that he was issued false disciplinary reports, and that he was
assaulted by a known enemy who was placed on his housing unit, are DISMISSED
without prejudice for failure of the plaintiff to exhaust administrative remedies
pursuant to 42 U.S.C. § 1997e(a), and with prejudice to his refiling them in forma
pauperis.
IT IS FURTHER ORDERED that this action be, and is, hereby dismissed,
accordingly.
Baton Rouge, Louisiana, March 28, 2012.

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