Opinion
CAUSE NO. 1:14CV258-LG-JCG
08-01-2016
LA TIDTUS JONES PLAINTIFF v. SUPERINTENDENT JOHNNIE DENMARK, et al. DEFENDANTS
ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING MOTION FOR SUMMARY JUDGMENT
BEFORE THE COURT is the Report and Recommendation [63] entered by United States Magistrate Judge John C. Gargiulo in this lawsuit filed by La Tidtus Jones pursuant to 42 U.S.C. § 1983. Jones has not objected to the Report and Recommendation. After reviewing the record in this matter and the applicable law, the Court finds that the Report and Recommendation should be adopted as the opinion of this Court.
DISCUSSION
On July 3, 2014, Jones filed this lawsuit asserting thirteen claims pursuant to 42 U.S.C. § 1983. Jones alleges that his First, Fourth, Eighth, and Fourteenth Amendment rights were violated during his incarceration. Judge Gargiulo entered a Report and Recommendation on July 5, 2016, in which he recommended that the Motion for Summary Judgment [55] filed by the defendants be granted due to Jones' failure to exhaust administrative remedies as to claims 1-10. Judge Gargiulo also conducted a sua sponte review of claims 11-13 and recommended that those claims should be dismissed with prejudice. Judge Gargiulo also recommended that Jones' request that he be appointed counsel should be denied. Jones has not responded or objected to the Report and Recommendation.
Where no party has objected to the Magistrate Judge's report and recommendation, the Court need not conduct a de novo review of it. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made."). In such cases, the Court need only satisfy itself that there is no clear error on the face of the record. Douglass v. United Serv. Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996).
Having conducted the required review, the Court finds that Judge Gargiulo's Report and Recommendation is neither clearly erroneous nor contrary to law. As a result, the defendants' Motion for Summary Judgment is granted. Claims 1-10 are dismissed without prejudice due to Jones' failure to exhaust administrative remedies. Claims 11-13 are dismissed with prejudice. Jones' request for appointment of counsel is denied.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Report and Recommendation [63] entered by United States Magistrate Judge John C. Gargiulo is ADOPTED as the opinion of this Court.
IT IS, FURTHER, ORDERED AND ADJUDGED that the Motion for Summary Judgment [55] filed by the defendants is GRANTED. Claims 1-10 asserted by La Tidtus Jones are DISMISSED WITHOUT PREJUDICE. Claims 11-13 are DISMISSED WITH PREJUDICE.
SO ORDERED AND ADJUDGED this the 1st day of August, 2016.
/s/_________
LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE