Chance v. Hobbs et al

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATIONS 41 and granting defendants' 33 Motion for Summary Judgment. Chance's retaliation claims against Burl, Ester, and Cody are dismissed without prejudice for failure to exhaust, and his retaliati on claim against Rolfe is barred by res judicata. Chance's remaining due process and equal protection claims, as well as his claim for damages against Defendants in their official capacities, are dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 1/15/14. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

FRANKLIN L. CHANCE
ADC #132313

v.

PLAINTIFF

No. 2:12-cv-228-DPM-JTK

DANNY BURL, Warden, East Arkansas Regional
Unit, ADC; CURTIS L. ROLFE, III; LATHAN
ESTER; and TAMEKA CODY, Disciplinary Server,
East Arkansas Regional Unit, ADC

DEFENDANTS

ORDER
The Court has considered Magistrate Judge Kearney's proposed
findings and recommendations, NQ 41. Chance has not objected. After
reviewing the proposal for clear factual error and for legal error,

FED.

R. Crv.

P. 72(b)(3) (1983 addition to advisory committee notes), the Court adopts it.
Defendants' motion for summary judgment, NQ 33, is granted. Chance's
retaliation claims against Burl, Ester, and Cody are dismissed without
prejudice for failure to exhaust, and his retaliation claim against Rolfe is
barred by res judicata. Chance's remaining due process and equal protection
claims, as well as his claim for damages against Defendants in their official
capacities, are dismissed with prejudice.

So Ordered.

D.P. Marshall Jr.
United States District Judge

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