Summary
dismissing defendants under Rule 4(m) for failure to timely effect service
Summary of this case from Purnell v. Ocwen Loan Servicing, LLCOpinion
CIVIL ACTION NO. 13-273-SDD-RLB
02-02-2015
BERNARD DELCARPIO (#119047) v. N. BURL CAIN, ET AL.
RULING
The Court has carefully considered the Complaint , the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Richard L. Bourgeois, Jr. dated January 8, 2015. Plaintiff has filed an Objection which the Court has also considered.
Rec. Doc. 1.
Rec. Doc. 27.
Rec. Doc. 28.
The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein.
Accordingly, the Plaintiff's claims asserted against the unidentified "John Doe" security officer Defendants are dismissed without prejudice for failure of the Plaintiff to serve these Defendants within 120 days as mandated by Fed. R. Civ. P. 4(m). Further, the Plaintiff's Motion for Summary Judgment is denied and the Defendants' Motion for Summary Judgment is granted, dismissing the Plaintiff's claims asserted against the Defendants, in part for failure to exhaust administrative remedies as mandated by 42 U.S.C. § 1997e, and in part for failure to state a claim upon which relief may be granted under 42 U.S.C. 1983, and this action is dismissed.
Rec. Doc. 23.
Rec. Doc. 17.
Baton Rouge, Louisiana the 2 day of February, 2015.
/s/ _________
SHELLY D. DICK, DISTRICT JUDGE
MIDDLE DISTRICT OF LOUISIANA