Sparks v. Champagne ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA RONNIE LEE SPARKS CIVIL ACTION VERSUS NUMBER: 20-903 GREG CHAMPAGNE, ET AL SECTION: “I’(5) ORDER The Court, having considered the motions, the record, the applicable law, the Magistrate Judge’s Report and Recommendation, and Plaintiff's objections to the Magistrate Judge’s Report and Recommendation,?/ hereby overrules Plaintiff's objections and approves and adopts the Magistrate Judge’s Report and Recommendation as its opinion herein.?/ Accordingly, IT IS ORDERED that Defendants’ motions are granted in part and that Plaintiff's suit is dismissed without prejudice, but with prejudice for the purpose of proceeding in forma pauperis pursuant to 28 U.S.C. §1915. New Orleans, Louisiana, this 10" day of July, 2020. ANCE M/AFRICK UNITED STATEYDISTRICT JUDGE Rec. doc. 12. 2/ Rec. doc. 13. 3/ In overruling Plaintiff's objections, the Court simply notes that the PLRA applies to pre-trial detainees as well as convicted prisoners, Kingsley v. Hendrickson, 576 U.S. 389, 402, 135 S.Ct. 2466, 2476 (2015), and Plaintiffs allegations regarding reported deficiencies in the “kiosk” system at NCCC fail to overcome the admission that he made on the face of his complaint that he had not proceeded past step one of the ARP process (rec. doc. 4, p. 3} and Defendants’ competent summary judgment evidence on that point. (Rec. doc. 9- 2).