Summary
finding that an inmate speaking out at a meeting convened by the assistant warden "does not appear to be an assertion of a complaint through 'proper channels' as to support a claim of retaliation."
Summary of this case from Mitchell v. ThomasOpinion
CIVIL ACTION NO. 13-243-JWD-RLB
03-02-2015
OPINION
After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report entered February 15, 2015, to which an objection was filed:
IT IS ORDERED that the Court declines the exercise of supplemental jurisdiction over the plaintiff's state law claims and that the plaintiff's claims asserted against defendant Bernadine St. Cyr are dismissed, without prejudice, because of the plaintiff failure to serve this defendant within 120 days as mandated by Fed. R. Civ. P. 4(m).
IT IS FURTHER ORDERED that the defendants' Motion to Dismiss (R. Doc. 25) is granted, dismissing the plaintiff's claims asserted herein, with prejudice, and that this action is dismissed.
Signed in Baton Rouge, Louisiana, on March 2, 2015.
/s/ _________
JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA