Champion v. Akin et al

Filing 67

ORDER approving and adopting 64 Partial Proposed Findings and Recommendations; granting 49 Defendants' Motion for Partial Summary Judgment; granting 58 Motion for Summary Judgment; dismissing Defendants Ball and Burl without prejudice; and , dismissing the inadequate medical care claim Plaintiff has raised against Defendant Akin with prejudice. Defendants have thirty days from the entry of this Order to file any further dispositive motions. Signed by Judge James M. Moody on 2/10/2012. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

JERRY CHAMPION,
ADC #91354
V.

PLAINTIFF
2:11CV0051 JMM/JTR

DANNY BURL, Warden,
East Arkansas Regional Unit, ADC, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Partial
Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed
objections. After carefully considering these documents and making a de novo review
of the record in this case, the Court concludes that the Proposed Findings and
Recommended Partial 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 Partial Summary Judgment (docket entry #49)

is GRANTED.
2.

Defendants Ball and Burl are DISMISSED, WITHOUT PREJUDICE,

because Plaintiff failed to timely and properly exhaust his administrative remedies

against them.
3.

The inadequate medical care claim Plaintiff has raised against Defendant

Akin, in her official capacity, is DISMISSED, WITH PREJUDICE.
4.

Plaintiff may PROCEED with his inadequate medical care claim against

Defendant Akin, in her individual capacity, for monetary damages only.
5.

Plaintiff’s Motion for Summary Judgment (docket entry #58) is

DENIED.
6.

The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in

forma pauperis appeal from this Order would not be taken in good faith.
7.

Defendants have thirty days from the entry of this Order to file any

further dispositive motions.
Dated this

10

day of February , 2012.

UNITED STATES DISTRICT JUDGE