Kelley v. Davis et al
ORDER adopting 32 recommendation as supplemented and overruling Kelley's 33 objections. 25 Motion for summary judgment granted. Kelley's complaint will be dismissed without prejudice for failure to exhaust. Signed by Chief Judge D. P. Marshall Jr. on 1/18/2023. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JOE LOUIS KELLEY
No. 2:22-cv -34 -DPM
BRANDON DAVIS, Deputy Warden;
TONI SHOCKEY, Chaplain; and
KEITRICH WADE, Coach, Recreation
On de novo review, the Court adopts Magistrate Judge Ervin's
recommendation as supplemented, Doc. 32, and overrules Kelley's
objections, Doc. 33. Fed. R. Civ. P. 72(b)(3). A litigant cannot avoid the
statute's requirement of pre -suit exhaustion by filing a motion for
injunctive relief. A motion requires a foundation a case -commencing
pleading. The Court properly treated Kelley's motion as his complaint
and request for injunctive relief. Motion for summary judgment, Doc.
25, granted. Kelley's complaint will be dismissed without prejudice for
failure to exhaust.
D.P. Marshall Jr.
United States District Judge
/A (I knvi/ ,7W3
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