MASON v. EAST BATON ROUGE PARISH PRISON SHERIFF OFFICE, 16-205-SDD-EWD. (2017)
Court: District Court, M.D. Louisiana
Number: infdco20170213628
Visitors: 13
Filed: Feb. 07, 2017
Latest Update: Feb. 07, 2017
Summary: RULING SHELLY D. DICK , District Judge . The Court has carefully considered the Complaint, 1 the record, the law applicable to this action, and the Report and Recommendation 2 of United States Magistrate Judge Erin Wilder-Doomes dated December 7, 2016. Plaintiff has filed an Objection 3 which the Court has also considered. The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein. Accordingly, the Defendant, Ea
Summary: RULING SHELLY D. DICK , District Judge . The Court has carefully considered the Complaint, 1 the record, the law applicable to this action, and the Report and Recommendation 2 of United States Magistrate Judge Erin Wilder-Doomes dated December 7, 2016. Plaintiff has filed an Objection 3 which the Court has also considered. The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein. Accordingly, the Defendant, Eas..
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RULING
SHELLY D. DICK, District Judge.
The Court has carefully considered the Complaint,1 the record, the law applicable to this action, and the Report and Recommendation2 of United States Magistrate Judge Erin Wilder-Doomes dated December 7, 2016. Plaintiff has filed an Objection3 which the Court has also considered.
The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein.
Accordingly, the Defendant, East Baton Rouge Parish Prison Sheriff Office's, Motion to Dismiss4 is granted and the Plaintiff's claims asserted against this Defendant are dismissed with prejudice. Further, the Motion to Dismiss5 filed by Defendants, Sheriff Sid J. Gautreaux, III and Warden Dennis Grimes is denied without prejudice to reassertion of the exhaustion issue in a properly supported motion for summary judgment, and this matter is referred back to the Magistrate Judge for further proceedings in connection with Plaintiff's claims asserted against these Defendants.
FootNotes
1. Rec. Doc. 1.
2. Rec. Doc. 28.
3. Rec. Doc. 32.
4. Rec. Doc. 9.
5. Rec. Doc. 8.
Source: Leagle
