Payton v. Outlaw et al

Filing 42

ORDER adopting 38 proposed findings and recommendations, as supplemented and overruling Payton's objections, 39 & 40 . Defendants' motion for summary judgment, 26 , is granted. The Doe defendants are dismissed without prejudice. Payton's request, 41 , is denied. Signed by Judge D. P. Marshall Jr. on 1/20/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
ANTHONY L. PAYTON
REG. #24245-076

v.

PLAINTIFF

No. 2:13-cv-92-DPM-JJV

N. THOMPSON, SIS, FCI Forrest City;
DOES, DHO Hearing Officer, Jail Lieutenant "Josie,"
Officers of Special Housing Unit, Unit
Manager, Helena D Unit, and Mental Health
Doctors; BURNETT, Counselor, FCI Forrest
City; and J. SIEJA, Lieutenant, SHU, FCI Forrest City1

DEFENDANTS

ORDER
On de novo review, the Court adopts the proposed findings and
recommendation, NQ 38, as supplemented and overrules Payton's objections,
NQ 39 & 40. FED. R. CIV. P. 72(b)(3). The statutory bar is clear, and neither of

the narrow exceptions articulated in Gibson v. Weber, 431 F.3d 339, 341 (8th
Cir. 2005) applies.

Payton had an opportunity to submit documents

justifying his untimely appeal, but didn't. NQ 28-1 at 3-4, 11-12. And he
doesn't argue that any official thwarted his attempt to provide that
documentation.

Defendants' motion for summary judgment, NQ 26, is

granted. The Doe Defendants are dismissed without prejudice. FED. R. CIV.
1

The Clerk is directed to correct the docket sheet to reflect "J. SIEJA,
Lieutenant, SHU, FCI Forrest City."

P. 4(m). Payton's request, NQ 41, is denied.
So Ordered.

D.P. Marshall J{
United States District Judge

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