Dunsworth v. Holder et al

Filing 45

ORDER Adopting 42 Partial Report and Recommendations. The defendants' 9 and 27 Motions for Summary Judgment are granted. Dunsworth's claims against defendants Davis, Dycus, and Griffin are dismissed without prejudice for lack of exhaustion. His inadequate medical care claim against defendant Holder may proceed. It is certified that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 6/19/2018. (mcz)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
BRANDON DUNSWORTH
ADC #162662
v.

PLAINTIFF

CASE NO. 2:17-CV-00131 BSM

KENNETH HOLDER, Medical Provider,
East Arkansas Regional Unit, ADC; et al.

DEFENDANTS

ORDER
The recommended partial disposition [Doc. No. 42] submitted by United States
Magistrate Judge J. Thomas Ray has been received. No objections have been filed. After
careful review of the record, the recommended partial disposition is adopted in its entirety.
Accordingly, the defendants’ motions for summary judgment [Doc. Nos. 9, 27] are granted,
and plaintiff Brandon Dunsworth’s motion for summary judgment [Doc. Nos. 18, 35] is
denied. Dunsworth’s claims against defendants Davis, Dycus, and Griffin are dismissed
without prejudice for lack of exhaustion. His inadequate medical care claim against
defendant Holder may proceed. It is certified that an in forma pauperis appeal would not be
taken in good faith. See 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED this 19th day of June 2018.

________________________________
UNITED STATES DISTRICT JUDGE