Nickelson v. Budnik et al

Filing 55

ORDER approving and adopting 54 Recommended Disposition in its entirety as this Court's findings and conclusions in all respects; granting 41 Motion for Summary Judgment; dismissing, without prejudice, Plaintiff's claims; instructing the Clerk to close this case; and certifying that an in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 7/8/2024. (ldb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS DELTA DIVISION KENDALL C. NICKELSON ADC #150640 v. PLAINTIFF Case No: 2:23-cv-00110-LPR CHRISTOPHER BUDNIK, et al. DEFENDANTS ORDER The Court has reviewed the Recommended Disposition (RD) submitted by United States Magistrate Judge Patricia S. Harris (Doc. 54). No objections have been filed, and the time for doing so has expired. After a de novo review of the RD, along with careful consideration of the entire case record, the Court hereby approves and adopts the RD in its entirety as this Court’s findings and conclusions in all respects. Accordingly, Defendants’ Motion for Summary Judgment (Doc. 41) is GRANTED. Plaintiff’s claims are DISMISSED without prejudice based on his failure to fully exhaust his administrative remedies. The Clerk is instructed to close this case. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith. IT IS SO ORDERED this 8th day of July 2024. ________________________________ LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE

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