-DLD Hayward v. LeBlanc et al, No. 3:2010cv00613 - Document 62 (M.D. La. 2011)

Court Description: OPINION Adopting 56 Report and Recommendations of the U.S. Magistrate Judge. IT IS ORDERED that the plaintiff's complaint shall be dismissed without prejudice for failure to exhaust available administrative remedies pursuant to 42 U.S.C. 7; 1997e(a), and with prejudice to refiling them in forma pauperis. IT IS FURTHER ORDERED that the plaintiff's claims against Wayne Sullivan shall be dismissed pursuant to 42 U.S.C. § 1997e(e). Judgment shall be entered accordingly.. Signed by Judge Frank J. Polozola on 6/22/2011. (LSM)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA DANNIE R. HAYWARD, SR. (#301013) CIVIL ACTION VERSUS NUMBER 10-613-FJP-DLD JAMES M. LEBLANC, 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 dismissed ORDERED without that the prejudice plaintiff's for failure complaint to exhaust shall be available administrative remedies pursuant to 42 U.S.C. § 1997e(a), and with prejudice to refiling them in forma pauperis. IT IS FURTHER ORDERED that the plaintiff's claims against Wayne Sullivan shall be dismissed pursuant to 42 U.S.C. § 1997e(e). Judgment shall be entered accordingly. Baton Rouge, Louisiana, June 22, 2011. 9 FRANK J. POLOZOLA MIDDLE DISTRICT OF LOUISIANA Doc#47321

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