Brown v. LeBlanc et al

Filing 6

OPINION Adopting the 4 Report and Recommendation of the U.S. Magistrate Judge re; 1 Complaint filed by Jarvis J. Brown. This action is dismissed without prejudice, pursuant to 28 U.S.C. §§ 1915(e) and 1915A, for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e. Judgement shall be entered accordingly. Signed by Judge John W. deGravelles on 9/9/2021. (LLH)

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Case 3:21-cv-00463-JWD-RLB Document 6 09/09/21 Page 1 of 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JARVIS BROWN (#710737) CIVIL ACTION VERSUS NO. 21-463-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 19, 2021 (Doc. 4), to which an objection was filed and considered, (Doc. 5), which Plaintiff claims to attach proof that he exhausted his administrative remedy but noting is attached to his objection, IT IS ORDERED this action is dismissed without prejudice, pursuant to 28 U.S.C. §§ 1915(e) and 1915A, for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e.1 Judgement shall be entered accordingly. Signed in Baton Rouge, Louisiana, on September 9, 2021. S JUDGE JOHN W. deGRAVELLES UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA 1 Plaintiff is advised that 28 U.S.C. § 1915(g) provides that, “In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section [Proceedings in forma pauperis] if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.”

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