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ETIENNE v. CAIN, 15-543-SDD-RLB. (2016)

Court: District Court, M.D. Louisiana Number: infdco20160713a03 Visitors: 26
Filed: Jun. 07, 2016
Latest Update: Jun. 07, 2016
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 Richard L. Bourgeois, Jr. dated April 29, 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, Plaintiff's cl
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RULING

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 Richard L. Bourgeois, Jr. dated April 29, 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, Plaintiff's claims against Defendant Henry Davis shall be dismissed, without prejudice, for failure of the Plaintiff to serve this Defendant within 120 days as mandated by Federal Rule of Civil Procedure 4(m) at the time of the filing of the Plaintiff's Complaint; Defendants' Motion for Summary Judgment4 shall be granted, dismissing the Plaintiff's claims asserted against Defendants Cain, LeBlanc, and LDPSC for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e; and the Court shall decline to exercise supplemental jurisdiction as to the Plaintiff's state law claims.

FootNotes


1. Rec. Doc. 1.
2. Rec. Doc. 32.
3. Rec. Doc. 36.
4. Rec. Doc. 21.
Source:  Leagle

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