Harvey v. Mencina et al

Filing 17

RULING and Order of Dismissal Approving 15 Report and Recommendations, of the U.S. Magistrate Judge. IT IS ORDERED that plaintiff's complaint be, and is hereby, dismissed without prejudice for failure to exhaust available administrative remedies pursuant to 42 U.S.C. § 1997e(a), and with prejudice to refiling the complaint in forma pauperis.. Signed by Chief Judge Brian A. Jackson on 2/28/2012. (CMM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

ANTHONY PAUL HARVEY (#112940)
CIVIL ACTION
VERSUS
NO. 11-418-BAJ-SCR
CHAD MENZINA, ET AL
RULING AND
ORDER OF DISMISSAL
The Court, having carefully considered the petition, the record, the law applicable
to this action, the Report and Recommendation of United States Magistrate Judge
Stephen C. Riedlinger dated January 10, 2012 (doc. 15), and plaintiff’s objection
thereto (doc. 16), 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 complaint be, and is hereby,
dismissed without prejudice for failure to exhaust available administrative remedies
pursuant to 42 U.S.C. § 1997e(a), and with prejudice to refiling the complaint in forma
pauperis.
Baton Rouge, Louisiana, February 28, 2012.

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