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)

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,

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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

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