Smith v. Franklin et al

Case Number: 3:2010cv00138
Filed: February 26, 2010
Court: Louisiana Middle District Court
Office: Baton Rouge Office
Referring Judge: Christine Noland
Presiding Judge: Ralph E. Tyson
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
January 11, 2011 31 Opinion or Order of the Court RULING Adopting 29 Report and Recommendations.. Accordingly, the Motion to Dismiss of defendants Steve Rader, Boyd McCartney, Jeffery Sloan, Regena McCray, Rhonda Prewitt, Nanette Stevens, Dr. Anthony Tarver, James Stevens,and Denise Felker, rec.d oc.no. 15 , will be granted, dismissing the plaintiff's claims asserted against these defendants for failure of the plaintiff to state a claim upon which relief may be granted. Further, the Motion for Summary Judgment of defendant Robert Frank lin, rec.doc.no. 21 , will be granted, dismissing the plaintiff's claim asserted against this defendant for failure of the plaintiff to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e. Finally, the Motion to Dismiss of defendant Robert Franklin, rec.doc.no. 20 , will be denied as moot, and this action will be dismissed, with prejudice.. Signed by Chief Judge Ralph E. Tyson on 1/10/2011. (CMM)
December 6, 2010 29 Opinion or Order of the Court REPORT AND RECOMMENDATIONS regarding 15 MOTION to Dismiss Pursuant To Fed. R.Civ. P., Rule 12(b)(1) filed by James Stevens, Nanette Stevens, Rhonda Prewitt, Jeffery Sloan, Denise Felker, Anthony Tarver, Steve Rader, Boyd McCodney, Regena McCray. I t is recommended that the Motion to Dismiss of defendants Steve Rader, Boyd McCartney, Jeffery Sloan, Regena McCray, Rhonda Prewitt, Nanette Stevens, Dr. Anthony Tarver, James Stevens, and Denise Felker, rec.doc.no. 15 , be granted, dismissing the p laintiffs claims asserted against these defendants for failure of the plaintiff to state a claim upon which relief may be granted. It is further recommended that the Motion for Summary Judgment of defendant Robert Franklin, rec.doc.no. 21 , be grant ed, dismissing the plaintiffs claim asserted against this defendant for failure of the plaintiff to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e. Finally, it is recommended that the Motion to Dismiss of defendant Robert Franklin , rec.doc.no. 20 , be denied as moot, and that this action be dismissed, with prejudice.. Objections to R&R due by 12/23/2010. Signed by Magistrate Judge Christine Noland on 12/6/2010. Sent to plaintiff at both addresses. (CMM) Modified on 12/9/2010 to edit text. (CMM)
September 29, 2010 19 Opinion or Order of the Court ORDER: IT IS ORDERED that, within twenty-one (21) days of the date of this Order, the plaintiff shall submit to this Court either $455.00 or a properly completed motion to proceed as a pauper on appeal pursuant to Rule 24(a) of the Federal Rules of Appellate Procedure (copy attached), together with a properly completed Statement of Account (copy attached), signed by an authorized officer of the institution, certifying to the average six-month deposits and balance in the plaintiffs inmate ac count(s). The failure of the plaintiff to comply with this Order within the time allowed may result in the dismissal of his appeal in this case without further notice from the Court.. Signed by Magistrate Judge Christine Noland on 9/29/2010. (CMM, )
September 23, 2010 18 Opinion or Order of the Court ORDER denying 17 Motion for Certificate of Appealability. Signed by Magistrate Judge Christine Noland on 9/23/2010. (CMM, )

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