Kelly v. Singh et al

Filing 10

RULING adopting 7 Report and Recommendation of the U.S. Magistrate Judge and denying 5 , 6 Motions to Amend Complaints. This action is DISMISSED, without 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 the refiling of the same claim or claims in forma pauperis. Signed by Judge James J. Brady on 09/17/2014. (CGP) (Main Document 10 replaced on 9/17/2014) (CGP).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
MICHAEL A. KELLY (#100147)
CIVIL ACTION
VERSUS
NO. 14-64-JJB-RLB
RAMAN SINGH, M.D., ET AL.
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 Richard L. Bourgeois, Jr., dated July 22, 2014 (doc. no. 7). The plaintiff filed
an objection which merely restates his prior argument and has been duly considered.

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, without 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
the refiling of the same claim or claims in forma pauperis. Further, the plaintiff’s
pending motions for leave to amend his Complaint (doc. no. 5 and 6) are DENIED.
Baton Rouge, Louisiana, September 17, 2014.

JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA