Frank v. Goodwin et al

Filing 28

JUDGMENT ADOPTING 25 Report and Recommendations, dismissing with prejudice Plaintiff's claim as frivolous under 28 USC Sec 1915(e). FURTHER ORDERED that his remaining claims be dismissed without prejudice for failure to exhaust administrative remedies pursuant to 42 USC Sec 1997e(a). Signed by Judge S Maurice Hicks on 11/2/2011. (crt,McDonnell, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION ANDREW FRANK CIVIL ACTION NO. 10-0633-P VERSUS JUDGE S. MAURICE HICKS, JR. JERRY GOODWIN, ET AL. MAGISTRATE JUDGE HORNSBY JUDGMENT For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, including written objections filed by Plaintiff, and determining that the findings are correct under the applicable law; IT IS ORDERED that Plaintiff’s claim against Warden Jerry Goodwin for failure to train and his claims against Cpt. Lee, Cpt. Scriber, and Sgt. Bruce Young for re-injuring his back be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e). IT IS FURTHER ORDERED that his remaining claims be DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a). THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this 2nd day of November, 2011.

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