Opinion
CIVIL ACTION NO. 13-580-SDD-RLB
06-27-2014
HENRY HICKSON (#369635) v. CAPT. GABRIEL HEBERT, ET AL.
RULING
The Court, after carefully considering the Complaint , the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Richard L. Bourgeois, Jr. dated May 28, 2014, to which no objection has been filed, hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein. Accordingly,
Rec. Doc. 1.
Rec. Doc. 53.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Court declines to exercise supplemental jurisdiction over the Plaintiff's state law claims, and the Motion for Summary Judgment of Defendants, Johnny Bolden and Walt Willis, is GRANTED dismissing the Plaintiff's claims asserted against these Defendants, without prejudice, for failure to exhaust administrative remedies as mandated by 42 U.S.C. § 1997e.
Rec. Doc. 14.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Defendants' Motion to Dismiss is granted in part, dismissing the Plaintiff's claims for monetary damages asserted against the remaining Defendants in their official capacities, and denied in part, preserving the Plaintiff his official capacity claims asserted against the remaining Defendants for declaratory and injunctive relief and preserving his individual capacity claims asserted against the remaining Defendants for monetary damages.
Rec. Doc. 13.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this matter is referred back to the Magistrate Judge for further proceedings.
Baton Rouge, Louisiana the 27, day of June, 2014.
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SHELLY D. DICK, DISTRICT JUDGE
MIDDLE DISTRICT OF LOUISIANA