Whelen v. Penouilh

Full title: LARRY E. WHELEN v. CHIEF PENOUILH ET AL

Court: United States District Court, E.D. Louisiana

Date published: Jan 13, 2009

CIVIL ACTION NO. 08-3620, SECTION "J" (2) (E.D. La. Jan. 13, 2009)

Opinion

CIVIL ACTION NO. 08-3620, SECTION "J" (2).

January 13, 2009

ORDER

CARL BARBIER, District Judge

The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of plaintiff to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore,

IT IS ORDERED that defendants' motion to dismiss for failure to exhaust administrative remedies procedures, Record Doc. No. 26, is DENIED.

IT IS FURTHER ORDERED that defendants' motion to dismiss/for summary judgment concerning plaintiff's medical care claim against them, Record Doc. No. 46, is DISMISSED AS MOOT.

IT IS FURTHER ORDERED that plaintiff's complaint as a whole is hereby DISMISSED WITH PREJUDICE as legally frivolous and/or for failure to state a claim under 28 U.S.C. § 1915(e)(2) and 42 U.S.C. § 1997e(c)(1).