Robinson/Jesus v. Andrews et al

Filing 44

ORDER ADOPTING 40 Partial Report and Recommendations in their entirety; therefore, defts' motions for summary judgment 28 31 are GRANTED IN PART AND DENIED IN PART; defts Eatmon, Hobbs, May, and Wheeler are DISMISSED from this action without prejudice; defts' 27 motion to sever is DENIED without prejudice. Signed by Judge Susan Webber Wright on 9/17/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
CHARLES J. ROBINSON/JESUS,
ADC #086829

PLAINTIFF

2:11-cv-00164-SWW-JTK
JEREMY ANDREWS, et al.

DEFENDANTS
ORDER

The Court has received proposed findings and recommendations from United States
Magistrate Judge Jerome T. Kearney.

After a review of those proposed findings and

recommendations, and the timely objections received thereto, as well as a de novo review of
the record, the Court adopts them in their entirety. Accordingly,
IT IS, THEREFORE, ORDERED that:
1)

Defendants’ Motion for Summary Judgment (Doc. No. 28) is GRANTED in part;

2)

Plaintiff’s Eighth Amendment allegations against Defendants Bray, Burl,

Eatmon, Hobbs, May, and Wheeler are DISMISSED without prejudice, for failure to exhaust;
3)

Defendants’ Motion for Summary Judgment (Doc. No. 28) is DENIED, with

respect to Plaintiff’s Eighth Amendment allegations against Defendant Andrews;
4)

Defendants’ Motion for Summary Judgment (Doc. No. 31) is GRANTED in part;

5)

Plaintiff’s First and Fourteenth Amendment and RLUIPA claims against

Defendants May and Wheeler are DISMISSED without prejudice for failure to exhaust.
6)

Defendants’ Motion for Summary Judgment (Doc. No. 31) is DENIED, with

respect to Plaintiff’s First and Fourteenth Amendment and RLUIPA claims against Defendants
Burl and Bray;
7)

Defendants Eatmon, Hobbs, May, and Wheeler are DISMISSED from this

action, without prejudice.
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8)

Defendants’ Motion to Sever (Doc. No. 27) is DENIED without prejudice.

IT IS SO ORDERED this 17th day of September, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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