Kelley v. Hobbs et al

Filing 40

ORDER ADOPTING 39 the proposed findings and recommendations; granting 35 defendants' motion for summary judgment; dismissing, without prejudice, Plaintiff's complaint against defendants May, Mills, Neely, for failure to exhaust; and dismissing, with prejudice, Plaintiff's complaint against Defendants Bray and Burl. Signed by Chief Judge Brian S. Miller on 6/10/2015. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION JOE LOUIS KELLEY, JR. v. PLAINTIFF CASE NO. 2:13CV00169 BSM-JTK RAY HOBBS, et al. DEFENDANTS ORDER The proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney have been received. No objections have been filed. After a review of the record, it is concluded that the proposed findings and recommendations be adopted in their entirety. IT IS THEREFORE ORDERED that: 1. Defendants’ motion for summary judgment [Doc. No. 35] is granted. 2. Plaintiff’s complaint against defendants May, Mills, and Neely is dismissed without prejudice for failure to exhaust. 3. Plaintiff’s Complaint against Defendants Bray and Burl is dismissed with prejudice. An appropriate judgment shall accompany this order. IT IS SO ORDERED this 10th day of June 2015. ________________________________ UNITED STATES DISTRICT JUDGE 1

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