Chambers v. Kelley et al

Filing 116

ORDER adopting 84 Partial Recommendation and overruling Chambers's 101 objections. ADC Defendants' 56 Motion for Summary Judgment is granted. Chambers's claims against Kelley, Naylor, Lay, and Earle are dismissed without prejudic e for failure to exhaust. 102 Partial Recommendation is adopted. 89 Motion for summary judgment is granted. The claims against Mills are also dismissed without prejudice for failure to exhaust. Signed by Judge D. P. Marshall Jr. on 2/21/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

GARY CHAMBERS
ADC #551596

v.

PLAINTIFF
No. 2:16-cv-121-DPM-BD

WENDY KELLEY, Director, Arkansas
Department of Correction; RAYMOND
NAYLOR, Director, Internal Affairs-ADC;
GAYLON LAY, Warden, EARU; DAVID
MILLS, Deputy Warden, EARU Max; DEANGELO
EARLE, Deputy Warden, EARU; WILLIAM
CONNOR, Major, EARU Max; BUTLER,
Medical Provider, EARU; STIEVE, Medical
Provider, EARU; and DRUMMOND, Medical
Provider, EARU

DEFENDANTS

ORDER
1. On de nova review, the Court adopts Magistrate Judge Deere's partial
recommendation, NQ 84, and overrules Chambers's objections, NQ 101.

FED.

R. Crv. P. 72(b)(3). ADC Defendants' motion for summary judgment, NQ 56,
granted. Chambers's claims against Kelley, Naylor, Lay, and Earle are
dismissed without prejudice for failure to exhaust.
2. Unopposed partial recommendation, NQ 102, adopted.

FED.

R. Crv.

P. 72(b) (1983 addition to advisory committee notes). Mills's motion for

summary judgment, NQ 89, is granted. The claims against Mills are also
dismissed without prejudice for failure to exhaust.
So Ordered.

D.P. Marshal(JT:
United States District Judge

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