Opinion
Civil Action 21-463-JWD-RLB
09-09-2021
JARVIS BROWN #710737 v. JAMES LEBLANC, ET AL.
OPINION
JUDGE JOHN W. deGRAVELLES UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report dated August 19, 2021 (Doc. 4), to which an objection was filed and considered, (Doc. 5), which Plaintiff claims to attach proof that he exhausted his administrative remedy but noting is attached to his objection, IT IS ORDERED this action is dismissed without prejudice, pursuant to 28 U.S.C. §§ 1915(e) and 1915A, for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e.
Plaintiff 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.”
Judgement shall be entered accordingly.