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Delcarpio v. Cain

United States District Court, Middle District of Louisiana

February 3, 2015

BERNARD DELCARPIO #119047
v.
N. BURL CAIN, et al.

RULING

SHELLY D. DICK, DISTRICT JUDGE.

The Court has carefully considered the Complaint[1], the record, the law applicable to this action, and the Report and Recommendation[2] of United States Magistrate Judge Richard L. Bourgeois, Jr. dated January 8, 2015. Plaintiff has filed an Objection[3] which the Court has also considered.

The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein.

Accordingly, the Plaintiffs claims asserted against the unidentified "John Doe" security officer Defendants are dismissed without prejudice for failure of the Plaintiff to serve these Defendants within 120 days as mandated by Fed.R.Civ.P. 4(m). Further, the Plaintiffs Motion for Summary Judgment[4] is denied and the Defendants' Motion for Summary Judgment[5] is granted, dismissing the Plaintiffs claims asserted against the Defendants, in part for failure to exhaust administrative remedies as mandated by 42 U.S.C. § 1997e, and in part for failure to state a claim upon which relief may be granted under 42 U.S.C. 1983, and this action is dismissed.


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