Opinion
CIVIL ACTION 16-205-SDD-EWD
02-07-2017
CLAUDE L. MASON (#900018207) v. EAST BATON ROUGE PARISH PRISON SHERIFF OFFICE, ET AL.
RULING
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 Erin Wilder-Doomes dated December 7, 2016. Plaintiff has filed an Objection which the Court has also considered.
Rec. Doc. 1.
Rec. Doc. 28.
Rec. Doc. 32.
The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein.
Accordingly, the Defendant, East Baton Rouge Parish Prison Sheriff Office's, Motion to Dismiss is granted and the Plaintiff's claims asserted against this Defendant are dismissed with prejudice. Further, the Motion to Dismiss filed by Defendants, Sheriff Sid J. Gautreaux, III and Warden Dennis Grimes is denied without prejudice to reassertion of the exhaustion issue in a properly supported motion for summary judgment, and this matter is referred back to the Magistrate Judge for further proceedings in connection with Plaintiff's claims asserted against these Defendants.
Rec. Doc. 9.
Rec. Doc. 8. --------
Baton Rouge, Louisiana the 7 day of February, 2017.
/s/ _________
SHELLY D. DICK, DISTRICT JUDGE
MIDDLE DISTRICT OF LOUISIANA