Opinion
CIVIL ACTION NO. 11-244-BAJ-DLD
11-29-2012
LEROY FIELDS (#115883) v. N. BURL CAIN, WARDEN, ET AL.
RULING
and ORDER OF DISMISSAL
The Court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Docia L. Dalby dated November 8, 2012 (doc. 76), and plaintiff's opposition filed November 27, 2012 (doc. 77).
The Court hereby approves the report and recommendation of the magistrate judge and adopts it as the Court's opinion herein.
Accordingly, IT IS ORDERED that this action is dismissed, without prejudice for failure of plaintiff to exhaust administrative remedies relative to his claims as mandated by 42 U.S.C. § 1997e, but with prejudice to re-assertion of the same claim or claims in forma pauperis.
Baton Rouge, Louisiana, November 29, 2012.
______________________________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA