Trim v. Bickham et al, No. 3:2022cv00459 - Document 6 (M.D. La. 2023)
Court Description: OPINION adopting the 5 Report and Recommendations of the U.S. Magistrate Judge. Plaintiff Joseph Trim, Sr.'s claims of deliberate medical indifference arising in June 2022 are DISMISSED WITHOUT PREJUDICE for failure to state a claim purs uant to 28 U.S.C. §§ 1915(e) and 1915A due to his failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e. Trim's remaining claims are DISMISSED WITHOUT PREJUDICE as improperly cumulated. Signed by Judge John W. deGravelles on 4/4/2023. (LLH)
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Trim v. Bickham et al Doc. 6 Case 3:22-cv-00459-JWD-EWD Document 6 04/04/23 Page 1 of 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JOSEPH TRIM, SR. (#131082) CIVIL ACTION NO. VERSUS 22-459-JWD-EWD EDWARD D. BICKHAM, ET AL. CONSOLIDATED WITH JOSEPH TRIM, SR. (#131082) CIVIL ACTION NO. VERSUS 22-460-JWD-EWD E. DUSTIN BICKHAM, ET AL. OPINION After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report dated March 6, 2023 (Doc. 5), to which no objection was filed; IT IS ORDERED that Plaintiff Joseph Trim, Sr.’s claims of deliberate medical indifference arising in June 2022 are DISMISSED WITHOUT PREJUDICE for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e) and 1915A due to his failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e.1 IT IS FURTHER ORDERED that Trim’s remaining claims are DISMISSED WITHOUT PREJUDICE as improperly cumulated. Signed in Baton Rouge, Louisiana, on April 4, 2023. S JUDGE JOHN W. deGRAVELLES UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA Trim is advised that 28 U.S.C. § 1915(g) provides that, “In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section [Proceedings in forma pauperis] if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.” Should this Report and Recommendation be adopted, the Ruling in this matter will count as a strike. 1 1 Dockets.Justia.com
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