Winnett v. Burls et al

Filing 196

ORDER ADOPTING REPORT AND RECOMMENDATIONS 186 except for the certification about appeal; granting motion for summary judgment 139 ; denying motion for judgment 170 ; granting motion to extend time 190 ; denying motion for copies as moot 193 ; denying as moot motion for ruling 195 ; and dismissing plaintiff's complaint without prejudice. Signed by Judge D. P. Marshall Jr. on 1/27/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION DONALD WINNETT ADC # 139544 v. PLAINTIFF No.2:10-cv-106-DPM-HDY GERALDINE CAMPBELL, Nurse, CMS, East Arkansas Regional Unit, ADC; CRYSTAL SIMS, Nurse, East Arkansas Regional Unit, ADC; CHIQUITA DAVIS, Nurse, East Arkansas Regional Unit, ADC; WALTER HOL\.OWAY, Infirmary Supervisor, East Arkansas Regional Unit, ADC; and MARYBETH FLOYD, Nurse, East Arkansas Regional Unit, ADC DEFENDANTS ORDER The Court has reviewed de novo Magistrate Judge H. David Young's proposal, Document No. 186, to which Winnett has objected. Having considered all of Winnett's objections, Document Nos. 189 & 192, the Court concludes that Judge Young is correct on no exhaustion. Proposed Findings and Recommendations, Document No. 186, adopted except for the certification about appeal. Motion for summary judgment, Document No. 139, granted. Motion for judgment, Document No. 179, denied. Motion to extend time, Document No. 190, granted. Motion for copies, Document No. 193, denied as moot. Winnett's complaint is dismissed without prejudice. Motion for ruling, Document No. 195, denied as moot. So Ordered. D~l;t~j: United States District Judge

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