-SCR Williams v. Franklin et al, No. 3:2011cv00769 - Document 8 (M.D. La. 2012)
Court Description: OPINION Adopting 6 Report and Recommendations of the U.S. Magistrate Judge. IT IS ORDERED that plaintiff's unfair disciplinary claim is dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), and plaintiff's excessive force claims are dismissed without prejudice for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a), and with prejudice to refiling them in forma pauperis status. Therefore, Judgment will be entered accordingly. Signed by Judge Frank J. Polozola on 1/18/2012. (LSM)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ROY WILLIAMS (#343533) CIVIL ACTION VERSUS NO. 11-769-FJP-SCR MAJ. FRANKLIN, 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 Report1 to which an objection2 was filed: IT IS ORDERED that plaintiff's unfair disciplinary claim is dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), and plaintiff's excessive force claims are dismissed without prejudice for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a), and with prejudice to refiling them in forma pauperis status.3 1 Rec. Doc. No. 6. 2 Rec. Doc. No. 7. 3 Underwood v. Wilson, 151 F.3d 292, 296 (5th Cir. 1998)(abrogated in part by Jones v. Bock, 549 U.S. 199, 127 S.Ct. 910 (2007)(abrogating the holding that a district court may dismiss Doc#47664 Therefore: Judgment shall be entered accordingly. Baton Rouge, Louisiana, January 18, 2012. S FRANK J. POLOZOLA MIDDLE DISTRICT OF LOUISIANA a civil complaint sua sponte for failure to exhaust). Doc#47664
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