Winnett v. Earl et al

Filing 81

ORDER ADOPTING REPORT AND RECOMMENDATIONS 79 and dismissing the 2 Complaint filed by Donald Winnett with prejudice. The 72 Motion for Summary Judgment is granted.. Signed by Judge D. P. Marshall Jr. on 1/14/14. (kpr)

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

DONALD WINNETT
ADC #139544

v.

PLAINTIFF

No. 2:13-cv-47-DPM-BD

DeANGELO M. EARL, Major, East Arkansas
Regional Unit, ADC and LORIE A. TAYLOR,
Hearing Officer, ADC

DEFENDANTS

ORDER
The

Court

has

considered

Magistrate

Judge

Beth

Deere's

recommendation, Ng 79, and Winnett's objections, Ng 80. On de novo review,
FED. R. CN. P.

72(b)(3), the Court adopts the recommendation. Winnett agrees

with dismissal of his retaliation claim against Taylor. Winnett's retaliation
claim against Taylor is dismissed without prejudice for failure to exhaust.
Ng 80 at 1.

Winnett's retaliation claim against Earl is dismissed with

prejudice. Motion for summary judgment, Ng 72, granted.

So Ordered.

D.P. Marshall Jr.
United States District Judge
14 January 2014

-2-