Courville v. Smith et al

Filing 56

*VACATED* JUDGMENT ADOPTING 54 Report and Recommendation of the Magistrate Judge, denying 32 Motion for Summary Judgment 36 Motion for Preliminary Injunction and 42 Motion for Summary Judgment. It is Further Ordered that this matter is referred to the Magistrate Judge to hold an evidentiary hearing on exhaustion and on the merits, and to issue findings to the court, via report and recommendation. Signed by Judge Robert G James on 11/6/2017. (crt,Crawford, A) Modified on 11/7/2017 to indicate Judgement vacated(Crawford, A).

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
CHASE M. COURVILLE

:

CIVIL ACTION NO. 16-0684
SEC. P

VERSUS

:

JUDGE ROBERT G. JAMES

WARDEN SMITH, ET AL.

:

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 that Plaintiff’s motion for preliminary injunction [Doc. No. 36] and the
parties’ cross-motions for summary judgment [Doc. Nos. 32 & 42] are DENIED.
IT IS FURTHER ORDERED that the matter is referred to the assigned magistrate judge
to hold an evidentiary hearing on exhaustion (if defendants continue to maintain that defense)
and on the merits (to include all witnesses and evidence to be presented by all parties), and
thereafter, to issue findings to the court, via report and recommendation.
MONROE, LOUISIANA, this 6th day of November, 2017.