Spencer v. Milholland et al

Filing 44

ORDER ADOPTING 37 REPORT AND RECOMMENDATIONS of Magistrate Judge, granting 29 Motion for Summary Judgment filed by C Samuels. Spencer's claims against Samuels are dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 8/6/2013. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
ADDONES SPENCER
Reg.# 11060-027
v.

PLAINTIFF
No. 2:12-cv-209-DPM-BD
DEFENDANT

C. SAMUELS, Director, Federal Bureau of Prisons

ORDER
Spencer has not objected to Magistrate Judge Beth M. Deere's
recommendation, NQ 37, that the Court dismiss his claims against
Samuels- the only remaining defendant- because Spencer did not exhaust
his claims against Samuels through the BOP's administrative process.
Reviewing for clear error of fact on the face of the record and legal error, FED.
R. CIV. P. 72(b) (1983 Addition to Advisory Committee Note), the Court
adopts Judge Deere's recommendation in full.

Samuels's motion for

summary judgment, NQ 29, is granted on non-exhaustion. Spencer's claims
against Samuels are dismissed without prejudice.
So Ordered.
'

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D.P. Marshall Jr.
United States District Judge