Opinion
Civil Action 22-459-JWD-EWD 22-460-JWD-EWD
04-04-2023
JOSEPH TRIM, SR. #131082 v. EDWARD D. BICKHAM, ET AL. JOSEPH TRIM, SR. (#131082) v. E. DUSTIN BICKHAM, ET AL.
OPINION
JOHN W. deGRAVELLES JUDGE 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 March 6, 2023 (Doc. 5), to which no objection was filed;
IT IS ORDERED that Plaintiff Joseph Trim, Sr.'s claims of deliberate medical indifference arising in June 2022 are DISMISSED WITHOUT PREJUDICE for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e) and 1915A due to his failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e.
Trim 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.” Should this Report and Recommendation be adopted, the Ruling in this matter will count as a strike.
IT IS FURTHER ORDERED that Trim's remaining claims are DISMISSED
WITHOUT PREJUDICE as improperly cumulated.