Price v. Leblanc et al

Filing 59

OPINION Adopting of the U.S. Magistrate Judge: The plaintiff's claims asserted against the R.E. Barrow Treatment Center and the unnamed insurers of the Treatment Center are dismissed for failure of the plaintiff to serve these defendants within 120 days as mandated by Fed. R. Civ. P. 4(m). The Court declines the exercise of supplemental jurisdiction over the plaintiffs state law claims and that the defendants' 19 Motion for Summary Judgment, is granted, dismissing the plaintiff 9;s claims asserted against the defendants, in part for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e, and in part as being without merit, and that this action is dismissed. Signed by Judge John W. deGravelles on 9/3/2015. (BCL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
CLEOTHUS O. PRICE (#398352)
CIVIL ACTION
VERSUS
NO. 14-333-JWD-RLB
JAMES LeBLANC, ET AL.
OPINION
After independently reviewing the entire record in this case and for the reasons set forth
in the Magistrate Judge's Report dated August 3, 2015, to which an objection was filed:
IT IS ORDERED that the plaintiff’s claims asserted against the R.E. Barrow Treatment
Center and the unnamed “insurers” of the Treatment Center are dismissed for failure of the
plaintiff to serve these defendants within 120 days as mandated by Fed. R. Civ. P. 4(m).
IT IS FURTHER ORDERED that the Court declines the exercise of supplemental
jurisdiction over the plaintiff’s state law claims and that the defendants’ Motion for Summary
Judgment (R. Doc. 19), is granted, dismissing the plaintiff’s claims asserted against the
defendants, in part for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e,
and in part as being without merit, and that this action is dismissed.
Signed in Baton Rouge, Louisiana, on September 3, 2015.

S

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA