Banks v. Cain et al

Filing 62

RULING affirming and adopting 58 Report and Recommendation of the U.S. Magistrate Judge. The defendants' 45 Motion for Partial Summary Judgment is GRANTED. The Plaintiff's claims against Dr. Collins and Dr. Levaspere are DISMISSED. The Plaintiff's claims against N. Burl Cain and Trish Foster are DISMISSED for failure to state a claim, based on the Plaintiff's failure to exhaust available administrative remedies pursuant to 42 USC 1997e(a), and WITH PREJUDICE to refiling the complaint in forma pauperis. Signed by Judge James J. Brady on 7/21/2014. (SMG)

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