Billings v. Johnson

Filing 138

ORDER the Court declines to adopt the 133 Proposed Findings and Recommended Disposition; the Court finds plaintiff's objections are an untimely response to the motion for summary judgment 127 ; the Court directs the Magistrate Judge to reconsider the motion for summary judgment in light of plaintiff's objections. Signed by Judge Susan Webber Wright on 1/20/16. (tjb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BRYANT ANTHONY BILLINGS,
ADC #093957

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Plaintiff,
v.
JOHNSON, Doctor,
Pulaski County Jail; et al.
Defendants.

No. 4:14CV00674-SWW

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and plaintiff’s objections. After carefully
considering the objections and making a de novo review of the record, the Court declines to adopt
the Proposed Findings and Recommended Disposition. The Court finds plaintiff’s objections are
in effect an untimely response to the motion to summary judgment to dismiss his claims based on
failure to exhaust. The Court directs the Magistrate Judge to reconsider the motion for summary
judgment in light of plaintiff’s objections.
DATED this 20th day of January, 2016.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE