Williams v. Franklin et al

Filing 8

OPINION Adopting 6 Report and Recommendations of the U.S. Magistrate Judge. IT IS ORDERED that plaintiff's unfair disciplinary claim is dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), and plaintiff's excessive force claims are dismissed without prejudice for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a), and with prejudice to refiling them in forma pauperis status. Therefore, Judgment will be entered accordingly. Signed by Judge Frank J. Polozola on 1/18/2012. (LSM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

ROY WILLIAMS (#343533)
CIVIL ACTION
VERSUS
NO. 11-769-FJP-SCR
MAJ. FRANKLIN, ET AL

O P I N I O N
After independently reviewing the entire record in this case
and for reasons set forth in the Magistrate Judge's Report1 to
which an objection2 was filed:
IT IS ORDERED that plaintiff's unfair disciplinary claim is
dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i),
and

plaintiff's

excessive

force

claims

are

dismissed

without

prejudice for failure to exhaust administrative remedies pursuant
to 42 U.S.C. § 1997e(a), and with prejudice to refiling them in
forma pauperis status.3
1

Rec. Doc. No. 6.

2

Rec. Doc. No. 7.

3

Underwood v. Wilson, 151 F.3d 292, 296 (5th Cir.
1998)(abrogated in part by Jones v. Bock, 549 U.S. 199, 127 S.Ct.
910 (2007)(abrogating the holding that a district court may dismiss
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Therefore:
Judgment shall be entered accordingly.
Baton Rouge, Louisiana, January 18, 2012.

S
FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

a civil complaint sua sponte for failure to exhaust).
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