Dunahue v. Watson et al
Filing
58
ORDER approving and adopting, in its entirety, 50 Recommended Disposition as this Court's findings in all respects; granting 34 Defendants' Motion for Partial Summary Judgment on the issue of exhaustion; dismissing, without prejudice, P laintiff's claim against Defendants Jackson, Richardson, Taylor, Straughn, and Smith that his isolation cell was covered in litter, blood, and ants; dismissing, without prejudice, Plaintiff's claim against Defendant Smith that Plaintiff was not given a bed in his isolation cell; and terminating Defendant Smith as a party from this lawsuit. Signed by Judge James M. Moody Jr. on 01/28/2025. (llg)Notice: The terminated party will no longer receive filing n otifications 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.
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
DELTA DIVISION
REGINALD DUNAHUE,
ADC # 106911
v.
PLAINTIFF
CASE NO: 2:24-cv-00155-JM-JTK
LEAVY WATSON, III, et al.
DEFENDANTS
ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition
submitted by United States Magistrate Judge Jerome T. Kearney. No objections have
been filed. After careful consideration, the Court concludes that the Proposed Findings
and Recommended Disposition should be, and hereby is, approved and adopted in its
entirety as this Court’s findings in all respects.
IT IS, THEREFORE, ORDERED that:
1. Defendants’ Motion for Partial Summary Judgment on the issue of exhaustion
(Doc. No. 34) is GRANTED.
2.
Plaintiff’s claim against Defendants Jackson, Richardson, Taylor, Straughn,
and Smith that his isolation cell was covered in litter, blood, and ants is DISMISSED
without prejudice for failure to exhaust administrative remedies.
3.
Plaintiff’s claim against Defendant Smith that Plaintiff was not given a bed
in his isolation cell is DISMISSED without prejudice for failure to exhaust administrative
remedies.
4.
Defendant Smith is TERMINATED as a party from this lawsuit.
Dated this 28th day of January, 2025.
________________________________
UNITED STATES DISTRICT JUDGE
2
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