Knox v. Kelley et al

Filing 72

ORDER REJECTING 64 Partial Recommended Disposition: the Court concludes that the Recommendation should be rejected base upon the evidence presented by the ADC Defendants in the objections Based on the newly presented evidence, the grievance proces s was available, yet Mr. Knox failed to utilize it. The ADC's 25 Motion for Summary Judgment is GRANTED. Mr. Knox's claims against Defendant Howard are DISMISSED, without prejudice, based on his failure to exhaust his administrative r emedies. His retaliatory discipline claims against Golden and Davis are DISMISSED, without prejudice, based on his failure to exhaust his administrative remedies. The ADC Defendants' 51 Second Motion for Summary Judgment is GRANTED. Mr. Knox&# 039;s claims against Defendant Ramsey are DISMISSED, without prejudice, based on his failure to exhaust administrative remedies. Mr. Knox's failure-to-protect claims against Defendants Naracon and Garcia, as well as his deliberate-indifference claims against Defendants Golden and Davis are DISMISSED, without prejudice, based upon his failure to exhaust administrative remedies. Signed by Judge James M. Moody Jr. on 2/1/2016. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
CHRISTOPHER GEORGE KNOX
ADC #651242
V.

PLAINTIFF

CASE NO. 1:15-CV-86 JM/BD

WENDY KELLEY, et al.

DEFENDANTS
ORDER

The Court has received a Recommended Disposition (“Recommendation”) from
Magistrate Judge Beth Deere. After careful review of the Recommendation, the parties’
timely objections, as well as a de novo review of the record, the Court concludes that the
Recommendation should be rejected based upon the evidence presented by the ADC
Defendants in the objections. Based on the newly produced evidence, the grievance
process was available, yet Mr. Knox failed to utilize it while he was housed in
segregation.
The ADC Defendants’ first motion for summary judgment (docket entry #25) is
GRANTED. Mr. Knox’s claims against Defendant Howard are DISMISSED, without
prejudice, based on his failure to exhaust his administrative remedies. In addition, his
retaliatory discipline claims against Defendants Golden and Davis are DISMISSED,
without prejudice, based on his failure to exhaust his administrative remedies.
The ADC Defendants’ second motion for summary judgment (#51) is GRANTED.
Mr. Knox’s claims against Defendant Ramsey are DISMISSED, without prejudice, based
on his failure to exhaust his administrative remedies. Mr. Knox’s failure-to-protect claims

against Defendants Naracon and Garcia, as well as his deliberate-indifference claim
against Defendants Golden and Davis are DISMISSED, without prejudice, based on his
failure to exhaust his administrative remedies .
IT IS SO ORDERED, this 1st day of February, 2016.

______________________________________
UNITED STATES DISTRICT JUDGE