Cox v. Kelley et al

Filing 26

ORDER adopting the 24 Recommendation and overruling 25 Objections. 15 Motion for Summary Judgment granted. Cox'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 3/31/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
RICHARD COX
ADC #115950

v.

PLAINTIFF
No. 2:16-cv-172-DPM

WENDY KELLEY, Director, ADC;
GAYLON LAY, Warden, East Arkansas
Regional Unit; and JAMES DYCUS, Deputy
Warden, East Arkansas Regional Unit

DEFENDANTS

ORDER
On de nova review, the Court adopts the recommendation, NQ 24, and
overrules Cox's objections, NQ 25.

FED.

R. Crv. P. 72(b)(3).

Motion for

summary judgment, NQ 15, granted. Cox'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.
28 U.S.C. § 1915(a)(3).
So Ordered.
i

D.P. Marshall Jr.
United States District Judge