Reed v. Does

Filing 40

ORDER adopting 38 Partial Report and Recommendations in their entirety; therefore, defts' 20 MOTION for Summary Judgment is GRANTED IN PART AND DENIED IN PART. Signed by Judge Susan Webber Wright on 7/7/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
MALICH REED
REG. #28371-177
V.

PLAINTIFF

NO: 2:10CV00159 SWW/HDY

JOHN DOES

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge H. David Young. 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 (docket entry #20) is GRANTED IN

PART AND DENIED IN PART.
2.

Defendants’ motion is GRANTED with respect to Plaintiff’s conditions of

confinement claims, and all such claims are DISMISSED WITHOUT PREJUDICE due to Plaintiff’s
failure to exhaust his administrative remedies prior to filing this lawsuit.
3.

Defendants’ motion is DENIED with respect to his excessive force claims.

DATED this 7th day of July 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE