Summary
dismissing the plaintiff's claim regarding the issuance of a false disciplinary report where the plaintiff's ARP regarding the same was rejected because it pertained to disciplinary matters, and the plaintiff did not allege in his complaint that he pursued a disciplinary appeal.
Summary of this case from Spencer v. RossoOpinion
CIVIL ACTION NO. 14-272-SDD-SCR
06-18-2014
CHARLES H. LEE, JR. (#386633) v. LEE WADE, ET AL.
RULING
AND
ORDER OF DISMISSAL
The Court has carefully considered the Complaint , the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Stephen C. Riedlinger dated May 21, 2014. Plaintiff has filed an Objection which the Court has also considered.
Rec. Doc. 1.
Rec Doc. 6.
Rec Doc. 8.
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The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein.
Accordingly,
IT IS HEREBY ORDERED that the Plaintiff's Complaint is dismissed for failure to state a claim, predicated on the Plaintiff's failure to exhaust available administrative remedies pursuant to 42 U.S.C. § 1997e(a), and with prejudice to refiling the complaint in forma pauperis.
Baton Rouge, Louisiana the 18 day of June, 2014.
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SHELLY D. DICK, DISTRICT JUDGE
MIDDLE DISTRICT OF LOUISIANA