Thurman v. Queen et al

Filing 36

ORDER adopting the 33 recommendation; granting 15 motion for summary judgment; and dismissing without prejudice Thurman's excessive force claims against Queen, Downing, and Spurlock, in their individual capacities for failure to exhaust. Signed by Judge D. P. Marshall Jr. on 4/3/2017. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION EDWARD THURMAN ADC# 084186 v. PLAINTIFF No. 1:16-cv-146-DPM QUEEN, Sergeant, NCU; DOWNING, Lieutenant, NCU; and SPURLOCK, Sergeant, NCU DEFENDANTS ORDER On de nova review, the Court adopts the recommendation, Ng 33, and overrules Thurman's objections, NQ 35. FED. R. Crv. P. 72(b)(3). Thurman's appeal of grievance NC-16-642 ended when he failed to attach the required paperwork. Ng 15-3 at 2 & Ng 15-2 at 11. And though the grievance policy allows the Chief Deputy, Deputy, or Assistant Director to process a grievance appeal that doesn't comply with the policy, that power is discretionary. Ng 15-2 at 11. Failure to exercise that discretion in Thurman's favor doesn't amount to impermissible interference with the grievance process. Ng 35 at 5. Motion for summary judgment, Ng 15, granted. Thurman's excessiveforce claims against Queen, Downing, and Spurlock, in their individual capacities, are dismissed without prejudice for failure to exhaust. So Ordered. D.P. Marshall Jr. United States District Judge

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