Butler v. Wards et al

Filing 66

ORDER adopting 63 Recommended Disposition in its entirety; therefore, Defts' 44 Second Motion for Summary Judgment is GRANTED, and Pltf's remaining claims are DISMISSED WITHOUT PREJUDICE due to his failure to timely and properly exhaust his administrative remedies; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 4/23/09. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION JOHNNY L. BUTLER REG. #12790-076 V. LIEUTENANT WARDS, et al. 2:08CV00033 SWW/JTR DEFENDANTS

PLAINTIFF

ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and Plaintiff's objections and has conducted a de novo review of pertinent portions of the record. After careful review, the Court concludes that the Proposed Findings and 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' Second Motion for Summary Judgment, or in the Alternative,

Request for an Evidentiary Hearing on the Issue of Exhaustion (docket entry #44) is GRANTED, and Plaintiff's remaining claims are DISMISSED, WITHOUT PREJUDICE, due to his failure to timely and properly exhaust his administrative remedies. 2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma

pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 23rd day of April, 2009. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE