Kelley v. Davis et al

Filing 39

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
DELTA DIVISION
PLAINTIFF

JOE LOUIS KELLEY
No. 2:22-cv -34 -DPM

V.

BRANDON DAVIS, Deputy Warden;
TONI SHOCKEY, Chaplain; and
KEITRICH WADE, Coach, Recreation
Supervisor

DEFENDANTS

ORDER

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.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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