Scott v. Cain

Filing 5

RULING: The court has carefully considered the petition, the record, the law applicable to thisaction, and the 4 Report and Recommendation of United States Magistrate Judge Docia L.Dalby dated October 31, 2012 to which no objection has been filed.T he court hereby approves the report and recommendation of the magistrate judgeand adopts it as the courts opinion herein. Accordingly, this action is DISMISSED, with prejudice, as a result of the plaintiffs failure to exhaust administrative remedies as mandated by 42 U.S.C. § 1997e, but with prejudice to his refiling the same claim or claims in forma pauperis. Signed by Judge James J. Brady on 11/26/2012. (LLH)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA DERRICK SCOTT (#126374) CIVIL ACTION VERSUS NO. 12-412-JJB-DLD BURL CAIN RULING 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 October 31, 2012 (doc. no. 4) to which no objection has been filed. The court hereby approves the report and recommendation of the magistrate judge and adopts it as the court’s opinion herein. Accordingly, this action is DISMISSED, with prejudice, as a result of the plaintiff’s failure to exhaust administrative remedies as mandated by 42 U.S.C. § 1997e, but with prejudice to his refiling the same claim or claims in forma pauperis. Baton Rouge, Louisiana, November 26, 2012. JAMES J. BRADY, JUDGE MIDDLE DISTRICT OF LOUISIANA

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