Spencer v. Phillips et al

Filing 78

ORDER ADOPTING 77 Report and Recommendations in their entirety; therefore, defts' 45 Motion to Dismiss, or in the alternative, for Summary Judgment is GRANTED, and this case is DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies; pltf's 67 Motion for Preliminary Injunctive Relief is DENIED. Signed by Judge Susan Webber Wright on 2/14/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
ADDONES SPENCER,
REG. #11060-027

PLAINTIFF

2:12-cv-00057-SWW-JTK
S. PHILLIPS, et al.

DEFENDANTS
ORDER

The Court has received proposed findings and recommendations from United States
Magistrate Judge Jerome T. Kearney. There have been no objections. After a review of those
proposed findings and recommendations, the Court adopts them in their entirety. Accordingly,
IT IS, THEREFORE, ORDERED that Defendants’ Motion to Dismiss, or in the alternative,
for Summary Judgment (Doc. No. 45), is GRANTED, and this case is DISMISSED without
prejudice for failure to exhaust administrative remedies.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Preliminary Injunctive Relief (Doc.
No. 67) is DENIED.
An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED this 14th day of February 2013.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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