Johnston v. Russell et al

Filing 48

JUDGMENT adopting 47 Report and Recommendation of the Magistrate Judge denying granting 23 Motion for Summary Judgment, filed by Defendants, dismissing Plaintiff's claims for failure to exhaust administrative remedies without prejudice, but with prejudice for purposes of proceeding in forma pauperis. It Is Further Ordered that 17 Motion for Summary Judgment, filed by Plaintiff is denied. Signed by Judge Terry A Doughty on 7/19/2021. (crt,Crawford, A)

Case 3:20-cv-00740-TAD-KDM Document 48 Filed 07/19/21 Page 1 of 1 PageID #: 307

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
JERRY D. JOHNSTON

CIVIL ACTION NO. 20-0740
SECTION P

VS.
JUDGE TERRY A. DOUGHTY
SHERIFF JAY RUSSELL, ET AL.

MAG. JUDGE KAYLA D. MCCLUSKY

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 Defendants’ Motion for
Summary Judgment, [Doc. No. 23], is GRANTED and that Plaintiff Jerry D. Johnston’s claims
are DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies but
WITH PREJUDICE for purposes of proceeding in forma pauperis under 28 U.S.C. § 1915.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff’s Motion for
Summary Judgment, [Doc. No. 17], is DENIED.
MONROE, LOUISIANA, this 19th day of July 2021.

______________________________________
TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE