Craig v. DeVille et al

Filing 32

JUDGMENT ADOPTING 31 Report and Recommendations, granting in part and denying in part 28 Motion to Dismiss and Motion for Summary Judgment. The motion is DENIED to the extent that Defendants move to dismiss under Rule 12(b)(6). The motion is GRANTED based on Plaintiffs failure to exhaust administrative remedies, but is otherwise DENIED. Plaintiffs claims against all Defendants, including LCS Correction Services, Inc., are DISMISSED WITHOUT PREJUDICE, but Plaintiffs claims are DISMISSED WITHPREJUDICE for purposes of proceeding in forma pauperis pursuant to 28 U.S.C. § 1915(d). Signed by Judge Robert G James on 5/31/13. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
ZAYMEIN K. CRAIG

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CIVIL ACTION NO. 12-0726

VERSUS

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JUDGE ROBERT G. JAMES

RICHARD DEVILLE, ET AL.

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MAG. JUDGE KAREN L. HAYES

JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, no
objections thereto having been filed, and finding that same is supported by the law and the record in
this matter,
IT IS ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss under
F.R.C.P. 12(b)(6) and Motion for Summary Judgment under F.R.C.P. 56 [Doc. No. 28] filed by
Defendants Nurse Debbie Westrup (incorrectly named in the complaint as “Debbie Wstup”), Captain
Robert McKeithen, Warden Richard Deville, and Lieutenant Adam May is hereby GRANTED IN
PART and DENIED IN PART. To the extent that Defendants move to dismiss under Rule 12(b)(6),
the motion is DENIED. To the extent that Defendants move for summary judgment under Rule 56,
the motion is GRANTED based on Plaintiff’s failure to exhaust administrative remedies, but is
otherwise DENIED. Plaintiff’s claims against all Defendants, including LCS Correction Services,
Inc., are DISMISSED WITHOUT PREJUDICE, but Plaintiff’s claims are DISMISSED WITH
PREJUDICE for purposes of proceeding in forma pauperis pursuant to 28 U.S.C. § 1915(d).
MONROE, LOUISIANA, this 31st day of May, 2013.