Rodriguez v. Haynes et al

Filing 50

ORDER APPROVING AND ADOPTING 29 RECOMMENDED PARTIAL DISPOSITION in its entirety as this Court's findings in all respects; granting Defendant Anthony Haynes's 15 motion to dismiss and dismissing the claims against him without prejudice; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 04/27/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JOSE ARTEAGA RODRIGUEZ,
Reg. #11782-179
V.

PLAINTIFF

Case No. 2:13-cv-00168 KGB/JTR

ANTHONY HAYNES, Warden,
Forrest City Correctional Complex; and
DOES, Forrest City Health Service Employees
and Servants, 1-100

DEFENDANTS

ORDER
The Court has reviewed the Recommended Partial Disposition submitted by United
States Magistrate Judge J. Thomas Ray (Dkt. No. 29) and the filed objections (Dkt. No. 31).
After carefully considering these documents and making a de novo review of the record in this
case, the Court concludes that the Recommended Partial Disposition should be, and hereby is,
approved and adopted in its entirety as this Court’s findings in all respects. The Court notes that,
although plaintiff Jose Arteaga Rodriguez claims he exhausted all the administrative remedies
available to him, he provides no evidence that he appropriately and timely appealed the Regional
Director’s decision, which is the final required step of the Federal Correctional Institution
located in Forrest City, Arkansas, and thus a requirement for exhaustion.
It is therefore ordered that:
1.

Defendant Anthony Haynes’s motion to dismiss, or in the alternative, motion for

summary judgment is granted (Dkt. No. 15), and the claims raised against him are dismissed
without prejudice.
2.

It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order would not be taken in good faith.

SO ORDERED this 27th day of April, 2015.

________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

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