Larry Jones v. Ray Hobbs, et al


PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Raymond W. Gruender and Duane Benton (UNPUBLISHED) [3996418] [12-2002]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2002 ___________________________ Larry Wayne Jones lllllllllllllllllllll Plaintiff - Appellant v. Ray Hobbs, Chief Deputy Director, Arkansas Department of Correction; Grant Harris, Warden, Varner Unit, ADC; Sherry Conrad, Mail Room Supervisor, Varner Unit lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________ Submitted: January 18, 2013 Filed: January 22, 2013 [Unpublished] ____________ Before BYE, GRUENDER, and BENTON, Circuit Judges. ____________ PER CURIAM. Appellate Case: 12-2002 Page: 1 Date Filed: 01/22/2013 Entry ID: 3996418 After Arkansas inmate Larry Jones brought a civil rights suit challenging a prison mailroom policy that had been applied to him, the district court1 dismissed the suit without prejudice as against defendants Ray Hobbs and Grant Harris, and granted summary judgment to defendant Sherry Conrad. Jones appeals, and we affirm. Upon careful de novo review, we agree with the district court that Jones failed to exhaust his administrative remedies as to defendants Hobbs and Harris, because he did not name either of them in his grievance papers, as required by the grievance policy of the Arkansas Department of Correction. See King v. Iowa Dep’t of Corr., 598 F.3d 1051, 1052 (8th Cir. 2010) (de novo review of interpretation of Prison Litigation Reform Act’s administrative-exhaustion provision). As to Conrad, who was named in the grievance, we agree with the district court that she was entitled to qualified immunity. See Winslow v. Smith, 696 F.3d 716, 730-31 (8th Cir. 2012) (de novo review of summary judgment granted on basis of qualified immunity). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Joe Volpe, United States Magistrate Judge for the Eastern District of Arkansas. -2- Appellate Case: 12-2002 Page: 2 Date Filed: 01/22/2013 Entry ID: 3996418

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