Spencer v. Milholland et al
ORDER adopting Judge Deere's well-reasoned 27 Partial Report and Recommendations as the Court's own opinion; granting 20 Motion to Dismiss; and dismissing Spencer's claims against Sheldon and Meyer without prejudice. Signed by Judge D. P. Marshall Jr. on 3/13/2013. (dmn)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ADC # 11060-027
M. SHELDON, Lieutenant, FCI-Forrest City;
MEYER, Doctor, FCI-Forrest City; and
C. SAMUELS, Director, Federal Bureau of Prisons
Magistrate Judge Beth M. Deere has recommended, Document No. 27,
that the Court grant Sheldon and Meyer's motion for summary judgment
because Spencer failed to exhaust his administrative remedies before filing
suit. Spencer did not respond to the motion or object to Judge Deere's
recommendation. The record on exhaustion, then, consists of Blair Summers's
declaration that Spencer has not properly exhausted any allegation relevant
to this lawsuit. Document No. 20-1. Reviewing the record for clear factual
error and for legal error,
R. CIV. P. 72(b) (1983 addition to Advisory
Committee note), the Court adopts Judge Deere's well-reasoned
recommendation as its own opinion. Spencer's claims against Sheldon and
Meyer are dismissed without prejudice.
United States District Judge
t ) M~e;l I-VI)
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