Webb v. Cantrell et al

Filing 82

ORDER granting 50 Motion for Summary Judgment and granting 80 Partial Report and Recommendations. Webb's claims against Sell and Wright will be dismissed without prejudice for failure to exhaust and claims against the unnamed defendant Bishop are dismissed without prejudice. An informa pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 11 July 2016. (plm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
BRIAN J. N. WEBB
ADC #141031

v.

PLAINTIFF
No. 2:15-cv-69-DPM

KATREASA C. WRIGHT, Mental Health Counselor,
EARU, ADC; and DOUGLAS M. SELL, Doctor

DEFENDANTS

ORDER
1. Unopposed partial recommendation, NQ 80, adopted.

FED.

R. CIV.

P. 72(b) (1983 Addition to Advisory Committee Notes). Motion for summary
judgment, NQ 50, granted. Webb's claims against Sell and Wright will be
dismissed without prejudice for failure to exhaust.
2. Webb hasn't confirmed whether Dr. Harry Bishop is the Dr. Bishop

Webb intended to sue. The time to do so has passed. NQ 79. Webb's claims
against the unnamed Defendant Bishop will therefore be dismissed without
prejudice.
3. An in forma pauperis appeal from this Order and accompanying
Judgment would not be taken in good faith. 28 U.S.C. § 1915(a)(3).

So Ordered.

D.P. Marshall Jr. f
United States District Judge

-2-