Tarpy v. USA et al

Filing 28

ORDER adopting in their entirety, 26 the proposed findings and recommended disposition; granting 21 Defendants' motion for summary judgment; and dismissing 2 the complaint, without prejudice, for failure to exhaust administrative remedies. It is further certified that an in forma pauperis appeal from the order adopting this recommendation and the accompanying judgment would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 6/11/2013. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
KAPONO TARPY,
Reg #19187-075
v.

PLAINTIFF

CASE NO. 2:12CV00182 BSM

USA et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge Joe J. Volpe and plaintiff’s objections have been reviewed. After carefully
considering the objections and making a de novo review of the record, it is concluded that
the proposed findings and recommended disposition should be, and hereby are, approved and
adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

Defendants’ motion for summary judgment [Doc. No. 21] is GRANTED.

2.

The complaint [Doc. No. 2] is DISMISSED without prejudice for failure to

exhaust administrative remedies.
3.

It is further certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma

pauperis appeal from the order adopting this recommendation and the accompanying
judgment would not be taken in good faith.
DATED this 11th day of June 2013.

UNITED STATES DISTRICT JUDGE