Opinion
NO. 11-769-FJP-SCR
01-18-2012
ROY WILLIAMS (#343533) v. MAJ. FRANKLIN, ET AL
CIVIL ACTION
OPINION
After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report to which an objection was filed:
Rec. Doc. No. 6.
Rec. Doc. No. 7.
IT IS ORDERED that plaintiff's unfair disciplinary claim is dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), and plaintiff's excessive force claims are dismissed without prejudice for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a), and with prejudice to refiling them in forma pauperis status.
Underwood v. Wilson, 151 F.3d 292, 296 (5th Cir. 1998)(abrogated in part by Jones v. Bock, 549 U.S. 199, 127 S.Ct. 910 (2007)(abrogating the holding that a district court may dismiss Doc#47664 a civil complaint sua sponte for failure to exhaust).
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Therefore:
Judgment shall be entered accordingly.
Baton Rouge, Louisiana, January 18, 2012.
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FRANK J. POLOZOLA
MIDDLE DISTRICT OF LOUISIANA