Carter v. Hubert et al, No. 3:2007cv00614 - Document 146 (M.D. La. 2010)

Court Description: OPINION Adopting 144 Report and Recommendations of the U.S. Magistrate Judge. 140 Motion for Summary Judgment filed by Unknown Curtis shall be granted and the claims against Lt. Curtis shall be dismissed without prejudice for failure to exhaust available administrative remedies pursuant to 42 U.S.C. §1997e(a), and with prejudice to refiling the claims in forma pauperis status. This matter shall be referred back to the magistrate judge for further proceedings on the plaintiff's First Amendment claim against Maj. Donald Johnson, Lt. Patrick Cochran and Maj. Kenneth Stewart. Signed by Judge Frank J. Polozola on 5/17/10. (BP, )