Cox v. LeBlanc et al

Filing 42

RULING Adopting of the U.S. Magistrate Judge. Defendant's motion for summary judgment is granted, dismissing the plaintiff's claims against the moving defendants, without prejudice, for failure to exhaust administrative remedies pursuant t o 42:1997e. Summary judgment is granted in favor of defendant Stewart. Defendants 19 motion for summary judgment is denied as moot. The Court declines to exercise supplemental jurisdiction over plaintiffs state law claims, and this action is hereby dismissed in its entirety. Signed by Chief Judge Brian A. Jackson on 2/29/2012. (PJH) Modified on 3/1/2012 to edit text (PJH).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
WALTER RAY COX, SR. (#514283)
CIVIL ACTION
VERSUS
NO.11-386-BAJ-CN
JAMES M. LEBLANC, SECRETARY, ET AL
RULING
The Court, having carefully considered the petition, the record, the law applicable
to this action, and the Report and Recommendation of United States Magistrate Judge
Christine Noland dated December 9, 2011 (doc. 33), and plaintiff’s objection thereto
(doc. 35), hereby approves the Report and Recommendation of the Magistrate Judge
and adopts it as the Court’s opinion herein.
Accordingly, IT IS ORDERED that defendants’ motion for summary judgment
(doc. 20) is granted, dismissed the plaintiff’s claims against the moving defendants,
without prejudice, for failure to exhaust administrative remedies pursuant to 42 U.S.C. §
1997e.
IT IS FURTHER ORDERED that summary judgment is granted, sua sponte, in
favor of defendant Stewart, for reasons stated in the Magistrate Judges Report and
Recommendation. The defendant’s motion to dismiss (doc. 19) is denied as moot.

The Court declines to exercise supplemental jurisdiction over plaintiff’s
state law claims, and this action is hereby dismissed in its entirety.
Baton Rouge, Louisiana, February 29, 2012.

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