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)

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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 2

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