Waller v. Kelley et al

Filing 172

ORDER ADOPTING 165 Partial Report and Recommendations in their entirety; therefore, deft Kelley's motion for summary judgment 89 is GRANTED, and pltf's claims against her are dismissed without prejudice. Signed by Judge J. Leon Holmes on 7/9/13. (vjt) (Modified on 7/9/2013 to correct typographical error). (vjt)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION KENNETH L. WALLER, JR. ADC #103829 v. PLAINTIFF No. 1:11CV00095 JLH/JTR WENDY KELLEY, Deputy Director, Arkansas Department of Correction, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. IT IS THEREFORE ORDERED that: 1. Defendant Kelley’s motion for summary judgment is GRANTED, and plaintiff’s claims against her are dismissed, without prejudice, due to a lack of proper exhaustion. Document #89. 2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. DATED this 9th day of July, 2013. UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?