Reed v. Poret et al, No. 3:2013cv00725 - Document 65 (M.D. La. 2016)

Court Description: OPINION Adopting the 63 Report and Recommendation of the U.S. Magistrate Judge. Plaintiff's claims against Lt. Col. Jason Girard, Unknown Sgt. Hawkins, and "LSP Angola Correctional Institutional" be dismissed, without prejudice, for failure of the Plaintiff to serve these Defendants within 120 days as mandated by Federal Rule of Civil Procedure 4(m) at the time of the filing of the plaintiff's Complaint. Defendants' 31 Motion for Partial Summary Judgment is gran ted, dismissing without prejudice the Plaintiff's claims against all Defendants of the alleged use of excessive force on 10/16/2012, retaliation, and denial of access to the courts due to the failure of the Plaintiff to exhaust his administrat ive remedies with regards to these claims as required by 42 U.S.C. § 1997e. The Defendant's 53 Motion for Summary Judgment is granted in part, dismissing with prejudice the Plaintiffs claims of unconstitutional conditions of confine ment and deliberate indifference to his health and safety, only as to the Plaintiff's claim against Defendant Smith of the use of excessive force on 8/10/2012, the Defendants' 53 Motion is denied. The Plaintiff's 60 Cross Motion for Summary Judgment is denied, and this matter is referred back to the Magistrate Judge for further proceedings as appropriate. Signed by Judge John W. deGravelles on 3/8/2016. (LLH)