Banks v. Federal Bureau of Prisons et al
ORDER ADOPTING 23 Report and Recommendations; therefore, defts' 15 Motion for Summary Judgment is GRANTED and this case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Susan Webber Wright on 3/25/13. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
FEDERAL BUREAU OF PRISONS, et al.
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 objections1 received thereto, as well as a de novo review of the
record, the Court adopts them in their entirety.
IT IS THEREFORE ORDERED that Defendants’ Motion for Summary Judgment (Doc.
No. 15) is GRANTED, and this case is DISMISSED without prejudice for failure to exhaust
administrative remedies. An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED this 25th day of March, 2013
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
On March 5, 2013, Plaintiff filed a “Motion to Reopen Case,” stating that he attempted to
exhaust his administrative remedies and that Defendants failed to process his grievances. In support
of his motion, Plaintiff submits copies of grievances dated “2012.” Plaintiff states that he filed the
grievances, but “Defendants” refused to process them. Plaintiff provides no additional details
regarding Defendants’ purported refusal to process his grievances. Furthermore, the documents
presented do not contain a specific date, nor do they contain information confirming that they were
actually submitted by Plaintiff and received by the proper prison official. The Court finds that the
documents submitted are insufficient to rebut Defendants’ evidence that Plaintiff failed to exhaust
his administrative remedies.
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