Schuler v. White et al

Filing 140

ORDER ADOPTING 139 Report and Recommendation of Magistrate Judge: Plaintiff's 116 Motion for Partial Summary Judgment is denied. The 122 Motion for Summary Judgment is granted. Plaintiff's claims against Hobbs, Brandon, McCowan, Ward, Siddons, Selvey, Langston, Cowgill, Glenn, White and L. Hunt are dismissed, without prejudice, based on Schuler's failure to exhaust administrative remedies. His claims against Williams, Norris, J. Hunt and Clifton-Jones are dismissed with prejudice. The 125 Motion for Summary Judgment filed by defendants Linda Hunt and Denise Clifton-Jones is also granted. Signed by Chief Judge Brian S. Miller on 6/9/2014. (mcz)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
EDWARD DEAN SCHULER,
ADC #140938
V.

PLAINTIFF

CASE NO. 1:13CV00008 BSM

DAVID WHITE, et al.

DEFENDANTS
ORDER

The recommended disposition (“recommendation”) submitted by Magistrate Judge
Beth Deere has been reviewed; no objections have been filed. After careful consideration,
it is determined that the recommendation should be, and hereby is, approved and adopted in
all respects. The motion for summary judgment submitted by Ray Hobbs, Christopher
Brandon, Michelle Williams, Chance Norris, Scott Ward, Patrick McCowan, George
Siddons, Eddie Selvey, Levi Langston, Casey Cowgill, Jeremy Glenn, David White, and
Justin Hunt (“J. Hunt”), (“ADC defendants”) [Doc. No. 122] is granted. The motion for
summary judgment filed by defendants Linda Hunt (“L. Hunt”) and Denise Clifton-Jones
[Doc. No. 125] is also granted. Accordingly, plaintiff Edward Schuler’s claims against
Hobbs, Brandon, McCowan, Ward, Siddons, Selvey, Langston, Cowgill, Glenn, White, and
L. Hunt are dismissed, without prejudice, based on Schuler’s failure to exhaust his
administrative remedies. Schuler’s claims against defendants Williams, Norris, J. Hunt, and
Clifton-Jones are dismissed, with prejudice. Schuler’s motion for summary judgment [Doc.
No. 116] is denied.

IT IS SO ORDERED this 9th day of June 2014.

________________________________
UNITED STATES DISTRICT JUDGE