Dunkin v. Zulpo et al

Filing 32

ORDER adopting 30 Magistrate Judge Joe J Volpe's proposed findings and recommendations; granting 25 Defendants' Motion for Summary Judgment; and dismissing Plaintiff's Complaint against Defendant Zulpo, Howell, Gibson, and Hobbs without prejudice. Signed by Judge G. Thomas Eisele on 11/29/10. (hph)

Dunkin v. Zulpo et al

Doc. 32

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JERAD KEITH DUNKIN v. 4:10-cv-00117-GTE-JJV PLAINTIFF

JACOB ZULPO, Correctional Officer, Wrightsville Unit, Arkansas Department of Correction, et al. ORDE R

DEFENDANTS

The Court has received proposed findings and recommendations from United States Magistrate Judge Joe J. Volpe. There have been no objections. After a review of those proposed findings and recommendations, the Court adopts them in their entirety. Accordingly,
IT IS, THEREFORE, ORDERED that:

1. 2.

Defendants' Motion for Summary Judgment (Doc. No. 25) is GRANTED. Plaintiff's Complaint against Defendant Zulpo is DISMISSED without prejudice

for failure to exhaust his administrative remedies. 3. Plaintiff's Complaint against Defendants Howell, Gibson, and Hobbs is

DISMISSED without prejudice to his right to reassert his claim should his disciplinary be invalidated by a state tribunal or federal court. 4. Dismissal of Plaintiff's Complaint constitutes a "strike" within the meaning of

the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g).
An appropriate Judgment shall accompany this Order.

IT IS SO ORDERED this 29th day of November, 2010.

___/s/ Garnett___________________________ ________ Thomas Eisele G. THOMAS EISELE UNITED STATES DISTRICT JUDGE

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