Lipe v. Kelly et al

Filing 25

ORDER adopting 24 Recommendation. 19 Motion for Summary Judgment granted. Lipe's complaint will be dismissed without prejudice for failure to exhaust. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 6/16/2017. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION PLAINTIFF JACOB PAUL LIPE v. No. 2:16-cv-170-DPM WENDY KELLEY, Director, Arkansas Department of Correction; and G. LAY, Warden, EARU, ADC DEFENDANTS ORDER Unopposed recommendation, Ng 24,adopted. FED.R.CIV.P. 72(b) (1983 addition to advisory committee notes). Motion for summary judgment, Ng 19, granted. Lipe' s complaint will be dismissed without prejudice for failure to exhaust. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. 28U.S.C.§1915(a)(3). So Ordered.

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