Davis v. Andrews et al

Filing 47

ORDER adopting 45 46 the proposed findings and recommendations in their entirety; granting 15 the partial motion to dismiss; dismissing with prejudice the claims for monetary relief against defendants Leon Graham and Jeremy Fryer in their official capacities; granting 19 the motion for summary judgment for Davis's failure to exhaust administrative remedies; and dismissing this case, without prejudice. Signed by Chief Judge Brian S. Miller on 1/20/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
WILLIE LEE DAVIS, JR.
v.

PLAINTIFF

CASE NO. 2:16-CV-00120 BSM

JEFFREY ANDREWS, et al.

DEFENDANTS
ORDER

The proposed findings and recommendations submitted by United States Magistrate
Judge Jerome T. Kearney [Doc. Nos. 45, 46] have been reviewed. Plaintiff Willie Lee
Davis, Jr. has not filed objections. After reviewing the record, the proposed findings and
recommendations are adopted in their entirety.
Accordingly, defendant Jeffrey Andrews is dismissed without prejudice for Davis’s
failure to obtain service. The partial motion to dismiss [Doc. No. 15] is granted, and the
claims for monetary relief against defendants Leon Graham and Jeremy Fryer in their official
capacities are dismissed with prejudice. Furthermore, the motion for summary judgment
[Doc. No. 19] is granted for Davis’s failure to exhaust administrative remedies, and this case
is dismissed without prejudice.
IT IS SO ORDERED this 20th day of January 2017.

________________________________
UNITED STATES DISTRICT JUDGE