White v. Banks et al
FINAL JUDGMENT: Ordered that the Plaintiff's claim regarding an alleged denial of a religious diet is dismissed without prejudice for failure to exhaust administrative remedies. Ordered that Plaintiff's claims regarding theft of personal pr operty, MDOC's grooming policy, the RVR's issued by Officer Smith, and the intra-prison transfer are dismissed with prejudice because they are frivolous. Dismissal of this action counts as a strike. Signed by Magistrate Judge John C. Gargiulo on 9/6/17. (JCH)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
TOMMY DEMINTO WHITE, #84837
CIVIL ACTION NO. 1:16-cv-101-JCG
JAQUELINE BANKS, MARSHALL
TURNER, HUBERT DAVIS,
TIMOTHY BARNES, KENNETH
POWELL, ADRIAN KEYS,
THOMAS BYRD, REGINA REED, and
In accordance with the Court’s Memorandum Opinion and Order Granting
Defendants’ Motion for Summary Judgment, final judgment is hereby entered in
favor of Defendants pursuant to Rule 58 of the Federal Rules of Civil Procedure.
IT IS, THEREFORE, ORDERED AND ADJUDGED that Plaintiff’s claim
regarding an alleged denial of a religious diet is DISMISSED WITHOUT
PREJUDICE for failure to exhaust administrative remedies. Plaintiff’s claims
regarding theft of personal property, MDOC’s grooming policy, the RVRs issued by
Officer Smith, and the intra-prison transfer are DISMISSED WITH PREJUDICE
because they are frivolous. Dismissal of this action counts as a strike pursuant to 42
U.S.C. § 1997e(e).
SO ORDERED this the 6th day of September, 2017.
s/ John C. Gargiulo
JOHN C. GARGIULO
UNITED STATES MAGISTRATE JUDGE
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