Smith v. Louisiana State Penitentiary et al

Filing 5

RULING AND ORDER DISMISSING CASE. The report and recommendation of the Magistrate Judge is adopted, and plaintiffs action is dismissed, withoutprejudice, for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e, but with prejudice to his refiling of the same claim or claims in forma pauperis.. Signed by Chief Judge Brian A. Jackson on 9/30/2011. (PJH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

ANTHONY SMITH (433385)
CIVIL ACTION
VERSUS
NO. 11-571-BAJ-DLD
LOUISIANA STATE PENITENTIARY, ET AL
RULING AND
ORDER OF DISMISSAL
The Court has carefully considered the petition, the record, the law applicable to
this action, and the Report and Recommendation of United States Magistrate Judge
Docia L. Dalby dated September 2, 2011, 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 plaintiff’s action is dismissed, without
prejudice, for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e,
but with prejudice to his refiling of the same claim or claims in forma pauperis.
Baton Rouge, Louisiana, September 30, 2011.

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