Geoghagan v. Wilkinson et al

Filing 62

JUDGMENT ADOPTING 57 Report and Recommendations re 49 Motion for Summary Judgment: ORDERED that defendant's motion for summary judgment is DENIED. Signed by Judge Dee D Drell on 03/16/09. (crt,Harrison, U)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

KEVIN STANLEY GEOGHAGAN -vs. TIM WILKINSON, et al.

CIVIL ACTION NO. 06-2331-A JUDGE DRELL MAGISTRATE JUDGE KIRK

JUDGMENT For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, and after independent (de novo) review of the record including the objections filed herein by Defendants,1 and having determined that the findings and recommendation are correct under the applicable law, IT IS ORDERED that defendant's motion for sunmiary judgment (Doc. 49) is DENIED. SIGNED on this1~d~~oMarch, 2009 at Alexandria, Louisiana. f

DEE D. DRELL UNITED STATES DISTRICT JUDGE

1 We note with some curiosity Defendants' arguments that Plaintiff did not exhaust his administrative remedies. The initial letter he wrote in January, plainly identifying itself as an "A.R.P." (Administrative Remedy Procedure), fulfills exactly the requirements of the procedures established in the Louisiana Administrative Code. See LA. ADMIN. CODE tit. 22, pt. I, § 325(G)(1) (2008) (setting out formal grievance process for Louisiana corrections facilities); Id. § 325(F) (containing procedure for initiating the process).