Jones v. Burl et al

Filing 34

ORDER ADOPTING 33 Proposed Findings and Partial Recommended Disposition. Defendants Danny Burl, Rory Griffin and David Mills' 14 Motion for Summary Judgment is GRANTED and they are DISMISSED without prejudice due to Plaintiff's failur e to exhaust his administrative remedies against them. Plaintiff's 24 Motion for Summary Judgment is DENIED. The Clerk of Court is directed to alter the docket to reflect that "Royry Griffin" is appropriately "Rory Griffin." The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 2/19/2015. (mcz)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION JOSHUA JONES, ADC# 658234 v. PLAINTIFF 2:14CV00136-JM-JJV DANNY BURL, Warden, East Arkansas Regional Unit: et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Partial Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS, THEREFORE, ORDERED that: 1. The Clerk of Court alter the docket to reflect that “Royry Griffin” is appropriately “Rory Griffin”; 2. Defendants Danny Burl, Rory Griffin, and David Mills’ Motion for Summary Judgment (Doc. No. 14) is GRANTED and they are DISMISSED without prejudice due to Plaintiff’s failure to exhaust his administrative remedies against them; 3. Plaintiff’s Motion for Summary Judgment (Doc. No. 24) is DENIED; 4. The Court certifies, 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. DATED this 19th day of February, 2015. _______________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE

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