Harvey et al v. Jindal et al

Filing 18

RULING Adopting of the U.S. Magistrate Judge and ORDER DISMISSING CASE. Defendants motion to dismiss (doc. 16) is granted, dismissing the plaintiffs claims, without prejudice, for failure to exhaust administrative remedies as mandated by 42 U.S.C. § 1997e, but with prejudice to the plaintiffs assertion of the same claim or claims in forma pauperis. Signed by Chief Judge Brian A. Jackson on 5/30/2012. (PJH)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ANDREW “MONTRELL” HARVEY, JR. (#333659) CIVIL ACTION VERSUS NO. 11-456-BAJ-DLD ATTORNEY GENERAL JAMES D. “BUDDY” CALDWELL, ET AL RULING AND ORDER OF DISMISSAL The Court, having carefully considered 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 3, 2012 (doc. 17), to which no objection has been filed, 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 to dismiss (doc. 16) is granted, dismissing the plaintiff’s claims, without prejudice, for failure to exhaust administrative remedies as mandated by 42 U.S.C. § 1997e, but with prejudice to the plaintiff’s assertion of 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

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