Finley v. Baumgardner et al

Filing 55

ORDER approving and adopting the 51 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; granting Defendants' 43 Motion for Summary Judgment; dismissing without prejudice plaintiff's claims against Defendants Selvey and Smith for failure to exhaust administrative remedies; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 8/5/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
CLAUDE EDWARD FINLEY
ADC # 101945
v.

PLAINTIFF

1:15CV00131-JM-JJV

J. BAUMGARDNER, Sergeant,
North Central Unit; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After
careful consideration, the Court concludes that the Proposed Findings and Partial Recommended
Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings
in all respects.
IT IS, THEREFORE, ORDERED that:
1.

Defendants’ Motion for Summary Judgment (Doc. No. 43) is GRANTED.

2.

Plaintiff’s claims against Defendants Selvey and Smith are DISMISSED without

prejudice for failure to exhaust administrative remedies.
3.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order would not be taken in good faith.
DATED this 5th day of August, 2016.

_______________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

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