Tate v. Kelly et al

Filing 39

ORDER adopting 36 Recommendation. 21 Motion for summary judgment granted. The claims against Kelley and Westbrook are dismissed without prejudice for failure to exhaust. An in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 12/4/2017. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION CARL TATE v. PLAINTIFF No. 2:17-cv-95-DPM-BD WENDY KELLEY, Director, Arkansas Department of Correction; V ALLORIE WESTBROOK, Classification Officer, EARU; STEIVES, Doctor and Medical Director, Correct Care Services; CAMPBELL, Doctor, EARU; McV AY, LPN, EARU; and RORY GRIFFIN, Doctor, Correct Care Solutions DEFENDANTS ORDER Unopposed recommendation, NQ36, adopted. F ED. R. CIV. P. 72(b) (1983 addition to advisory committee notes). Kelley and Westbrook's motion for summary judgment, NQ21, is granted. Tate did not properly name either defendant in the ADC grievance process. NQ 21-1. Therefore his claims against Kelley and Westbrook are dismissed without prejudice for failure to exhaust. An in forma pauperis appeal from this Order would not be taken in good faith. ยง 1915(a)(3). 28 U.S.C. So Ordered. D.P. Marshall Jf United States District Judge -2-

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