The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
JARVIS BROWN CIVIL ACTION
VERSUS
JAMES M. LEBLANC, ET AL. NO. 21-00462-BAJ-RLB
RULING AND ORDER
Before the Court is pro se Plaintiffs Complaint initially filed on August 11,
2021. (Doc. 1). The Magistrate Judge has issued a Report and Recommendation
(Doc. 4), recommending that the Court dismiss Plaintiffs complaint without
prejudice for failure to exhaust administrative remedies as required by 42 U.S.C. §
1997e. Objections to the report and recommendation were due on September 2, 2021.1
Plaintiff filed his objection on September 7, 2021. (Doc. 5).
Plaintiff objects to the recommendation, asserting that “he followed the steps
to take.” (Doc. 5). Pursuant to 42 U.S.C. § 1997e, Plaintiff was required to exhaust all
administrative remedies available to him at the prison prior to commencing a civil
action in this Court with respect to prison conditions. The United States Court of
Appeals for the Fifth Circuit has determined that a prisoner must exhaust
' In accordance with 28 U.S.C. § 636(b)(1), a petitioner has fourteen (14) days after being
served with the Report within which to file written objections to the proposed findings of fact,
conclusions of law, and recommendations therein. The failure to file written objections to the
proposed findings, conclusions, and recommendations within 14 days after being served will
deprive a petitioner of the right, except upon grounds of plain error, to attack on appeal the
unobjected-to proposed factual findings and legal conclusions of the Magistrate Judge which
have been accepted by the District Court. (Doc, 4),
administrative remedies by complying with applicable prison grievance procedures
before filing a suit relative to prison conditions. Johnson v. Johnson, 385 F.3d 503,
517 (5th Cir, 2004).
Here, Plaintiffs complaint admits that his grievance was still pending at the
time he filed this lawsuit. (Doc. 1, p. 8). Moreover, the complaint shows that Plaintiffs
grievance is backlogged. (Doc. 1-3, p. 2). Thus, from the complaint it is clear that
Plaintiff failed to exhaust his administrative remedies prior to filing suit as required
by 42 U.S.C. § 1997e.
Having carefully considered Plaintiffs Complaint and related filings, the Court
APPROVES the Magistrate Judge’s Report and Recommendation and ADOPTS it
as the Court’s opinion in this matter.
Accordingly,
IT IS ORDERED, ADJUDGED, and DECREED that the above-captioned
action is DISMISSED WITHOUT PREJUDICE, with each party to bear its own
costs.
Baton Rouge, Louisiana, this 2T&,,. of July, 2022
Oa A
JUDGE BRIAN A PARSON
UNITED STATES\DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA