Plaisance v. Cain et al, No. 3:2007cv00934 - Document 48 (M.D. La. 2009)

Court Description: OPINION adopting Magistrate Judge's Report. 37 Motion to Dismiss filed by Robert Hayes, Mack Shaw, Burl Cain, Blane Lachney, Darryl Vannoy, Louisiana State Penitentiary, Shirley Coody is denied as moot and this action is dismissed. Motion for summary judgment shall is granted.. Signed by Judge Frank J. Polozola on 8/7/09. (LSM, )
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA MANUEL PLAISANCE (# 196480) CIVIL ACTION VERSUS NO. 07-934-FJP-CN BURL CAIN, WARDEN, ET AL. O P I N I O N After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report to which an objection was filed: IT IS ORDERED that the defendants motion for summary judgment shall be granted, dismissing the plaintiff s claims for failure to exhaust administrative remedies as mandated by 42 U.S.C. ยง 1997e.1 IT IS FURTHER ORDERED that the defendants motion to dismiss shall be denied as moot and that this action be dismissed. Judgment shall be entered accordingly. Baton Rouge, Louisiana, August 7, 2009. S FRANK J. POLOZOLA MIDDLE DISTRICT OF LOUISIANA 1 Rec. Doc. No. 37. Doc#46283