Doering v. Hutchinson et al

Filing 98

ORDER adopting Magistrate Judge Ray's partial recommendation, Doc. 96 , and overruling Doering's objection, Doc. 97 . Doering's claims against Andrews, Beale, Smith, Bell, Troop, Griffin, and Straughn will be dismissed without prejud ice for failure to exhaust. They will be dismissed as defendants in this case. Doering exhausted his deliberate indifference claims against Harris and Graham in grievance EAM19-02358 and against Harris in grievance EAM19-02367. Those claims go forwar d. Doering's remaining claims against Harris and Graham will be dismissed without prejudice for failure to exhaust. Doering' s claims against Correct Care Solutions, Rechcigl, Davis, Steinbarger, and Kimble will be dismissed without preju dice for failure to exhaust and they will be dismissed as defendants in this case. Doering fully and properly exhausted grievance EAM19-02358 as to Drummond, and grievance EAM19-02398 as to Moody. His inadequate medical care claims against them go f orward. Doering's remaining claims against Drummond and Moody are dismissed without prejudice for failure to exhaust. Signed by Chief Judge D. P. Marshall Jr. on 9/16/2022. (ldb)Notice: The terminated party will n o longer receive filing notifications through CM/ECF. To continue receiving filing notifications, email the Clerk of Court and request reinstatement. Please refer to the CM/ECF Administrative Policies and Procedures for Civil Filings for information about when a terminated party must be served.

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS DELTA DIVISION ALAN DOERING ADC #106115 PLAINTIFF No. 2:19-cv-156-DPM v. RORY GRIFFIN, Deputy Director, ADC, et al. DEFENDANTS ORDER 1. On de novo review, the Court adopts Magistrate Judge Ray's partial recommendation, Doc. 96, and overrules Doering's objection, Doc. 97. FED. R. CIV. P. 72(b)(3). Motions for partial summary judgment, Doc. 81 & 84, granted. Doering' s claims against Andrews, Beale, Smith, Bell, Troop, Griffin, and Straughn will be dismissed without prejudice for failure to exhaust. They will be dismissed as defendants in this case. Doering exhausted his deliberate indifference claims against Harris and Graham in grievance EAMl 9-02358 and against Harris in grievance EAMl 9-02367. Those claims go forward. Doering' s remaining claims against Harris and Graham will be dismissed without prejudice for failure to exhaust. 2. Doering' s claims against Correct Care Solutions, Rechcigl, Davis, Steinbarger, and Kimble will be dismissed without prejudice for failure to exhaust and they will be dismissed as defendants in this case. Doering fully and properly exhausted grievance EAMl 9-02358 as to Drummond, and grievance EAM19-02398 as to Moody. His inadequate medical care claims against them go forward. Doering' s remaining claims against Drummond and Moody are dismissed without prejudice for failure to exhaust. So Ordered. D.P. Marshall Jr. ~ United States District Judge -2-

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