Jeanlouis v. State of Louisiana et al, No. 3:2008cv00021 - Document 79 (M.D. La. 2010)

Court Description: OPINION Adopting 29 Motion for Summary Judgment,, filed by Darrell Vannoy, Linda Ramsey, Howard Price, Reginald Ladmirault, Mia Tran, Cornell Hubert, Bruce Dodd, Amy Sterlings, Trish Foster, Shar Huffman, Stephanie Michel, John Jacobs, Jr., Wanda M atthews, Ken August, Burl Cain, Sheryl Ranatza, Raymond McNeil, Randall Robertson, Jimmy Leblanc, Tom Desporte, Clayton Williams, Shirley Coody, Charlene Haydel, Kathy Calvert, Gary Midkiff, John Calvert, 77 Report and Recommendations of the U.S. M agistrate Judge. It is ordered that the defendants' motion for summary judgment shall be granted, dismissing the pla's claims against the moving dfts, without prejudice, as a result of the pla's failure to exhaust administrative remed ies as mandated by 42 U.S.C. § 1997e, but with prejudice to his refiling the same claim in forma pauperis. It is further recommended that the pla's claims asserted against the remaining state-employed dfts shall be similarly dismissed for f ailure to exhaust administrative remedies (again with prejudice to refiling in forma pauperis) and/or as legally frivolous within the meaning of 28 U.S.C. § 1915, and that the pla's claims asserted against the U.S. Postal Service and U.S. M iddle District Clerk of Court Nick Lorio be dismissed, with prejudice, as legally frivolous. It is further ordered that the Court declines to exercise supplemental jurisdiction over the pla's state law claims, and that this action shall be dismissed. Signed by Judge Frank J. Polozola on 3/31/2010. (LSM, )