Johnston v. Chaney et al

Filing 63

ORDER ADOPTING 59 Recommended Disposition. Defendants' 37 Motion for Summary Judgment is denied based on the arguments presented in their motion. Johnston's claims against defendants are dismissed, without prejudice, for failure to exhaust administrative remedies. Signed by Chief Judge Brian S. Miller on 11/28/2017. (mcz)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
AVERY WAYNE JOHNSTON
ADC #150809
v.

PLAINTIFF

CASE NO. 2:17-CV-00060 BSM

J. CHANEY, et al.

DEFENDANTS
ORDER

The recommended disposition submitted by United States Magistrate Judge Beth
Deere [Doc. No. 59] and plaintiff Avery Johnston’s objections [Doc. No. 62] have been
reviewed. After de novo review of the record, the recommended disposition is adopted in
its entirety. Accordingly, defendants’ motion for summary judgment [Doc. No. 37] is denied
based on the arguments presented in their motion. Nevertheless, Johnston’s claims against
defendants are dismissed, without prejudice, for Johnston’s failure to exhaust administrative
remedies.
IT IS SO ORDERED this 28th day of November 2017.

________________________________
UNITED STATES DISTRICT JUDGE