Abdulaziz/Askew v. Williams et al

Filing 74

ORDER ADOPTING REPORT AND RECOMMENDATIONS 71 ; granting 62 65 Motions for Summary Judgment; finding as moot 68 Motion to Strike and 68 Motion for Hearing. Signed by Judge D. P. Marshall Jr. on 12/13/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION PLAINTIFF MU'MIN ABDULAZIZ/ASKEW, ADC #82276 v. 1:12-cv-102-DPM-JTK JOHN MAPLES, Warden, Grimes Unit, ADC; RICHARD GUY, Deputy Warden, Grimes Unit, ADC; MELVIN NANCE, Doctor, Grimes Unit, ADC; JAMES HUDDLESTON, Kitchen Captain, Grimes Unit, ADC; TINA BABB, Mental Health, Grimes Unit, ADC; SHIRLEY GATLIN, Mental Health, Grimes Unit, ADC; DOE, Officer; GEORGE LETTENMAIER, Mental Health Counselor, Grimes Unit, ADC; ERYKA LANDERS, Mental Health Counselor, Grimes Unit, ADC; BETTY HUTCHINSON, Nurse, CMS, Grimes Unit, ADC; and BILLY COWELL, Health Service Administrator, CMS, Grimes Unit, ADC DEFENDANTS ORDER The Court has considered Magistrate Judge Jerome T. Kearney's proposed findings and recommendations, NQ 71. The Court granted Abdulaziz/ Askew an extension to file a response, NQ 73, and he has not objected. After reviewing the proposal for clear factual error and for legal error, FED. R. CIV. P. 72(b)(3) (1983 addition to advisory committee notes), the Court adopts it. Defendants' motions for summary judgment, NQ 62 & 65, -1- granted. All Abdulaziz/ Askew's claims against the remaining Defendants are dismissed without prejudice for failure to exhaust his administrative remedies. His motion to strike and for a hearing, NQ 68, is denied as moot. So Ordered. (/ D.P. Marshall Jr. United States District Judge -2-

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