Hill v. Burl et al

Filing 151

ORDER ADOPTING 148 Report and Recommendations in their entirety; therefore, Mr. Holloway's Motion for Judgment on the Pleadings 115 is GRANTED; ADC Defts' Motion for Judgment on the Pleadings 117 is GRANTED; pltf's complaint is D ISMISSED WITHOUT PREJUDICE for failure to exhaust his administrative remedies; Mr. Holloway's request that this dismissal be counted as a "strike" is DENIED; all pending motions are rendered MOOT. Signed by Judge Susan Webber Wright on 11/22/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
TRAVIS J. HILL,

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Plaintiff,
v.
DANNY BURL, Warden, East Arkansas
Regional Unit, et al.,
Defendants.

No. 2:10-cv-00120-SWW-JJV

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and Plaintiff’s objections. After carefully
considering the objections and making a de novo review of the record, 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.

Mr. Holloway’s Motion for Judgment on the Pleadings (Doc. No. 115) is GRANTED.

2.

ADC Defendants’ Motion for Judgment on the Pleadings (Doc. No. 117) is

GRANTED.
3.

Plaintiff’s Complaint is DISMISSED without prejudice for failure to exhaust his

administrative remedies.
4.

Mr. Holloway’s request that this dismissal be counted as a “strike” is DENIED.

5.

All pending motions are rendered MOOT.

SO ORDERED this 22nd day of November, 2011.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE