Jimerson v. Rheams et al, No. 3:2021cv00119 - Document 8 (M.D. La. 2021)

Court Description: OPINION Adopting 6 Report and Recommendation of the U.S. Magistrate Judge. Plaintiff's claims against Luke Rheams, Michael Jack, Jamie Thomas, James Arnold, Zeneika Payne, and Donald Lamanna are DISMISSED WITHOUT PREJUDICE as legally frivolous and for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e) and 1915A due to Plaintiff's failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e. Denying 4 Motion for Preliminary Injunction and a Temporary Restraining Order for the same reasons. Judgment shall be entered accordingly. Signed by Judge John W. deGravelles on 5/18/2021. (EDC)

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Jimerson v. Rheams et al Doc. 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA RAPHAEL D. JIMERSON (#503486) CIVIL ACTION VERSUS NO. 21-119-JWD-EWD LUKE RHEAMS, ET AL. OPINION After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report dated April 15, 2021 (Doc. 6), to which no objection was filed, IT IS ORDERED that Plaintiff’s claims against Luke Rheams, Michael Jack, Jamie Thomas, James Arnold, Zeneika Payne, and Donald Lamanna are DISMISSED WITHOUT PREJUDICE as legally frivolous and for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e) and 1915A due to Plaintiff’s failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e.1 IT IS FURTHER ORDERED that Plaintiff’s “Order to Show Cause for Preliminary Injunction, and a Temporary Restraining Order”2 is DENIED for the same reasons. 1 Plaintiff is advised that 28 U.S.C. § 1915(g) provides that, “In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section [Proceedings in forma pauperis] if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious injury.” The Ruling in this matter will constitute a strike. 2 Doc. 4. Dockets.Justia.com Judgement shall be entered accordingly. Signed in Baton Rouge, Louisiana, on May 18, 2021. S JUDGE JOHN W. deGRAVELLES UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

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