Tate v. Kelly et al
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
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
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.
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.
D.P. Marshall Jf
United States District Judge
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