Benoit v. Louisiana State Penitentiary et al
| Terrence Benoit |
| Louisiana State Penitentiary, 20th Judicial District Court and District Attorney - West Feliciana |
| 3:2009cv00715 |
| September 4, 2009 |
| US District Court for the Middle District of Louisiana |
| Baton Rouge Office |
| East Baton Rouge |
| James J. Brady |
| Christine Noland |
| None |
| 42 U.S.C. ยง 12182 Americans with Disabilities Act |
| None |
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Filing
39
ORDER granting 38 MOTION to Recover Awarded Costs. Plaintiff TERRENCE KNIGHT BENOIT (#489486) shall pay assessed costs in the amount of $29.80 in periodic installments as stated herein. Clerk of Court shall mail a copy of this order to the acc ounting office or other person(s) or entity with responsibility for collecting and remitting to the District Court interim filing payments on behalf of prisoners, as designated by the facility in which the plaintiff is currently or subsequently confined. Signed by Magistrate Judge Christine Noland on 3/10/11. (BP)
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Filing
33
RULING Adopting 31 Report and Recommendations, of the U.S. Magistrate Judge on the 20 Motion for Partial Summary Judgment filed by Steven Bernard. The Motion for Summary Judgment of defendant Steven Bernard is GRANTED, DISMISSING the plaintiff� 39;s claims asserted against this defendant, without prejudice, for failure of the plaintiff to exhaust available administrative remedies pursuant to 42 U.S.C. § 1997e(a), and this action is DISMISSED. Signed by Judge James J. Brady on 1/11/11. (PJH)
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Filing
31
REPORT AND RECOMMENDATIONS regarding 20 MOTION for Summary Judgment filed by Steven Bernard. It is recommended that the motion for summary judgment of deft Steven Bernard, be granted, dismissing the pltfs claims asserted against this deft, without prejudice, for failure of the pltf to exhaust administrative remedies pursuant to 42 USC § 1997e, and that this action be dismissed. Objections to R&R due by 12/23/2010. Signed by Magistrate Judge Christine Noland on 12/6/2010. (JDL)
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Filing
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RULING Adopting 12 Report and Recommendations of the U.S. Magistrate Judge. The plaintiff's claims asserted against the La State Penitentiary, the La Department of Public Safety and Corrections, and the 20th Judicial District for the State of La are DISMISSED as barred by the Eleventh Amendment to the United States Constitution, the plaintiff's claims asserted against dft Burl Cain are DISMISSED, and the plaintiff's claims asserted pursuant to the Americans with Disabilities Act , 42 U.S.C. § 12101, et seq., are DISMISSED for failure to state a claim upon which relief may be granted. Further this matter is referred back for further proceedings in connection with the plaintiff's claim of excessive force asserted against dft Steven Bernard. Signed by Judge James J. Brady on 03/18/2010. (NLT)
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Filing
12
REPORT AND RECOMMENDATIONS regarding 1 Complaint filed by Terrence Knight Benoit. It is recommended that the pla's claims asserted against the La State Penitentiary, the La Department of Public Safety and Corrections, and the 20th Judicial Dis trict for the State of La be dismissed as barred by the Eleventh Amendment to the United States Constitution, that the pla's claims asserted against dft Burl Cain be dismissed, and that the pla's claims asserted pursuant to the Americans wi th Disabilities Act, 42 U.S.C. § 12101, et seq., be dismissed for failure to state a claim upon which relief may be granted. It is further recommended that this matter be referred back for further proceedings in connection with the pla's claim of excessive force asserted against dft Steven Bernard. Objections to R&R due by 3/15/2010. Signed by Magistrate Judge Christine Noland on 2/25/10. (BP, )
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