Hickson v. Hebert et al

Filing 57

RULING Adopting the 53 Report and Recommendation of the U.S. Magistrate Judge. The Court declines to exercise supplemental jurisdiction over the Plaintiff's state law claims, and the 14 Motion for Summary Judgment of Defendants, Johnny Bolden and Walt Willis, is GRANTED dismissing the Plaintiff's claims asserted against these Defendants, without prejudice, for failure to exhaust administrative remedies as mandated by 42 U.S.C. §1997e. FURTHER ORDERED, ADJU DGED, AND DECREED that the Defendants 13 Motion to Dismiss is granted in part, dismissing the Plaintiffs claims for monetary damages asserted against the remaining Defendants in their official capacities, and denied in part, preserving the Plaintiff his official capacity claims asserted against the remaining Defendants for declaratory and injunctive relief and preserving his individual capacity claims asserted against the remaining Defendants for monetary damages. FURTHER ORDERED, ADJUDGED, AND DECREED that this matter is referred back to the Magistrate Judge for further proceedings. Signed by Judge Shelly D. Dick on 6/27/2014. (JDL)