Carrere v. May et al

Filing 30

MEMORANDUM RULING re 16 MOTION for Summary Judgment filed by Teressa Corley. Signed by Judge Robert G James on 8/1/2017. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
DAVID P. CARRERE

CIVIL ACTION NO. 16-0591

VERSUS

JUDGE ROBERT G. JAMES

STEVE MAY, ET AL.

MAG. JUDGE KAREN L. HAYES

RULING
Pending before the Court is remaining Defendant Teressa Corley’s Motion for Summary
Judgment [Doc. No. 16]. On May 11, 2017, Magistrate Judge Karen L. Hayes issued a Report
and Recommendation [Doc. No. 25] in which she considered the motion as unopposed and
recommended that the Court grant Defendant’s motion and dismiss this case without prejudice
for failure to exhaust administrative remedies.
On the same day the Report and Recommendation was filed, the Clerk of Court received
Plaintiff’s memorandum in opposition to the motion. In the interest of justice, on June 8, 2017,
the Court remanded the Motion for Summary Judgment to Magistrate Judge Hayes for
consideration of the opposition memorandum and for issuance of a supplemental Report and
Recommendation.
On June 12, 2017, Magistrate Judge Hayes issued a Supplemental Report and
Recommendation [Doc. No. 27] in which she recommended that the Court dismiss Plaintiff’s
claims without prejudice because the uncontroverted evidence shows that Plaintiff failed to fully
exhaust his administrative remedies.
However, on June 15 and 16, 2017, the Clerk of Court received the copies of the Court’s

June 8, 2017 Minute Entry and the Supplemental Report and Recommendation which had been
mailed to Plaintiff. They were marked “Return to Sender” and indicated that Plaintiff is no
longer located at his last known place of confinement.
Having reviewed the Supplemental Report and Recommendation and the record in this
matter, the Court agrees with Magistrate Judge Hayes that the uncontroverted evidence shows
that Plaintiff failed to fully exhaust his administrative remedies, and his claims should be
dismissed without prejudice on this basis.
Additionally, under Local Rule 41.3W, the Court finds that Plaintiff’s claims should be
dismissed for failure to prosecute because courtesy copies were returned as undeliverable, and he
has failed to correct his address within thirty days.
MONROE, LOUISIANA, this 1st day of August, 2017.

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