SANDERS v. CAIN, 14-00216-BAJ-RLB. (2016)
Court: District Court, M.D. Louisiana
Number: infdco20160420952
Visitors: 8
Filed: Mar. 29, 2016
Latest Update: Mar. 29, 2016
Summary: RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . On February 9, 2016, the Magistrate Judge recommended that "the defendants' Motion for Summary Judgment be granted as to the plaintiff's claim of retaliation pertaining to his transfer to Camp D in August of 2014, and that the claim be dismissed with prejudice." (Doc. 46 at p. 5). Plaintiff Norman Sanders ("Plaintiff") objects to the Magistrate Judge's recommendation insofar as it dismisses his claim with prejudice rather than with
Summary: RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . On February 9, 2016, the Magistrate Judge recommended that "the defendants' Motion for Summary Judgment be granted as to the plaintiff's claim of retaliation pertaining to his transfer to Camp D in August of 2014, and that the claim be dismissed with prejudice." (Doc. 46 at p. 5). Plaintiff Norman Sanders ("Plaintiff") objects to the Magistrate Judge's recommendation insofar as it dismisses his claim with prejudice rather than witho..
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RULING AND ORDER
BRIAN A. JACKSON, Chief District Judge.
On February 9, 2016, the Magistrate Judge recommended that "the defendants' Motion for Summary Judgment be granted as to the plaintiff's claim of retaliation pertaining to his transfer to Camp D in August of 2014, and that the claim be dismissed with prejudice." (Doc. 46 at p. 5). Plaintiff Norman Sanders ("Plaintiff") objects to the Magistrate Judge's recommendation insofar as it dismisses his claim with prejudice rather than without. (See Doc. 53).
The Court, having carefully reviewed the record and the applicable law, APPROVES and ADOPTS the Report and Recommendation (Doc. 46) with one point of clarification. Plaintiff's retaliation claim is dismissed with prejudice only to his right to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(d). See Underwood v. Wilson, 151 F.3d 292, 296 (5th Cir. 1998). Put another way, Plaintiff is free to later "bring a paid complaint raising the same allegations." See Irvine v. Fernald, 125 F. App'x 588, 589 (5th Cir. 2005).
Accordingly,
IT IS ORDERED that Defendant's Motion for Partial Summary Judgment on Plaintiff's Amended Complaint (Doc. 31) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff's retaliation claim, (Doc. 10 at ¶ 3), is DISMISSED WITH PREJUDICE only to his right to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(d).
Source: Leagle
