Rushing v. Guy et al

Filing 141

ORDER adopting in their entirety 139 Proposed Findings and Recommendations; granting defendants' 126 129 motions for summary judgment; dismissing without prejudice Mr. Rushing's allegations against defendants Martin Evans, Jr., Ryan H ennessey, John Maples, Kevin Darland, Antonio Garcia, Wendy Kelley, Dr. Melvin Nance, and Billy Cowell for failure to exhaust administrative remedies; dismissing with prejudice Mr. Rushing's allegations against Richard Guy; and dismissing without prejudice Mr. Rushing's allegations against defendants Dr. Buchman and unidentified Does. Signed by Judge Kristine G. Baker on 12/29/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
RICKY LEE RUSHING,
ADC #065405
v.

PLAINTIFF
1:14-cv-00028-KGB-JTK

WARDEN GUY, et al.

DEFENDANTS
ORDER

The Court has received Proposed Findings and Recommendations from United States
Magistrate Judge Jerome T. Kearney (Dkt. No. 139). No objections have been filed, and the time
for filing objections has passed. After a review of those Proposed Findings and Recommendations,
the Court adopts them in their entirety. Accordingly, it is ordered that defendants’ motions for
summary judgment are granted (Dkt. Nos. 126, 129). The Court dismisses without prejudice Mr.
Rushing’s allegations against defendants Martin Evans, Jr., Ryan Hennessey, John Maples, Kevin
Darland, Antonio Garcia, Wendy Kelley, Dr. Melvin Nance, and Billy Cowell for failure to exhaust
administrative remedies. The Court dismisses with prejudice Mr. Rushing’s allegations against
Richard Guy. The Court dismisses without prejudice Mr. Rushing’s allegations against defendants
Dr. Buchman and unidentified Does.
It is so ordered this 29th day of December, 2015.

______________________________________
Kristine G. Baker
United States District Court Judge