White v. Banks et al, No. 1:2016cv00101 - Document 49 (S.D. Miss. 2017)
Court Description: FINAL JUDGMENT: Ordered that the Plaintiff's claim regarding an alleged denial of a religious diet is dismissed without prejudice for failure to exhaust administrative remedies. Ordered that Plaintiff's claims regarding theft of personal pr operty, MDOC's grooming policy, the RVR's issued by Officer Smith, and the intra-prison transfer are dismissed with prejudice because they are frivolous. Dismissal of this action counts as a strike. Signed by Magistrate Judge John C. Gargiulo on 9/6/17. (JCH)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION TOMMY DEMINTO WHITE, #84837 V. PLAINTIFF CIVIL ACTION NO. 1:16-cv-101-JCG JAQUELINE BANKS, MARSHALL TURNER, HUBERT DAVIS, TIMOTHY BARNES, KENNETH POWELL, ADRIAN KEYS, CHRISTOPHER WOOLMAN, THOMAS BYRD, REGINA REED, and ANTHONY BEASLEY FINAL JUDGMENT DEFENDANTS In accordance with the Court’s Memorandum Opinion and Order Granting Defendants’ Motion for Summary Judgment, final judgment is hereby entered in favor of Defendants pursuant to Rule 58 of the Federal Rules of Civil Procedure. IT IS, THEREFORE, ORDERED AND ADJUDGED that Plaintiff’s claim regarding an alleged denial of a religious diet is DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies. Plaintiff’s claims regarding theft of personal property, MDOC’s grooming policy, the RVRs issued by Officer Smith, and the intra-prison transfer are DISMISSED WITH PREJUDICE because they are frivolous. Dismissal of this action counts as a strike pursuant to 42 U.S.C. § 1997e(e). SO ORDERED this the 6th day of September, 2017. s/ John C. Gargiulo JOHN C. GARGIULO UNITED STATES MAGISTRATE JUDGE
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