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.

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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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