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)

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