Engstrom v. Holladay et al

Filing 38

ORDER adopting the 34 Recommended Disposition; granting Defendant Carl Johnson's 30 motion to adopt defendant Randy Morgan and Sarah Spear's motion for summary judgment; and granting defendants' 27 motion for summary judgment. The clerk is directed to amend the docket to reflect the correct spelling of defendant Sara Speer's name as "Sarah Spears". Engstrom's cause of action is dismissed without prejudice for failure to exhaust administrative remedies. Any in forma pauperis appeal taken from this order adopting the RD will not be taken in good faith. Signed by Chief Judge Brian S. Miller on 4/14/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DAVID WILLIAM ENGSTROM
v.

PLAINTIFF

CASE NO. 4:16CV00588 BSM

DOC HOLLADAY, et al.

DEFENDANTS
ORDER

The recommended disposition (“RD”) submitted by United States Magistrate Judge
Joe J. Volpe [Doc. No. 34] and objections submitted by plaintiff David William Engstrom
[Doc. No. 37] have been reviewed. After a review of the entire record, the RD is adopted.
The clerk is directed to amend the docket to reflect the correct spelling of defendant
Sara Speer’s name as “Sarah Spears”. See Doc. No. 27. Defendant Carl Johnson’s motion
[Doc. No. 30] to adopt defendant Randy Morgan and Sarah Spear’s motion for summary
judgment [Doc. No. 27] is granted and defendants’ motion for summary judgment [Doc. No.
27] is granted. Accordingly, Engstrom’s cause of action is dismissed without prejudice for
failure to exhaust administrative remedies. Finally, any in forma pauperis appeal taken from
this order adopting the RD will not be taken in good faith. 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED this 14th day of April 2017.

________________________________
UNITED STATES DISTRICT JUDGE