Buehlhorn v. Faulkner County Detention Center et al

Filing 25

ORDER Adopting 22 Partial Report and Recommendations. Defendants' 19 Motion for Partial Summary Judgment is granted. Plaintiff's claims regarding being made to strip in front of male officers and being denied adequate access to water are dismissed without prejudice for failure to exhaust administrative remedies. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. The Clerk is directed to change the name of Plaintiff from Brett Buehlhorn to Lynn Stopnick pursuant to the order of the Hot Springs Circuit Court attached to Plaintiff's notice 24 filed on 7/19/2017. Signed by Judge James M. Moody Jr. on 7/20/2017. (mcz) (Additional attachment(s) added on 7/20/2017: # 1 Main Document - Correct and docket text modified to correct spelling of Plaintiff's name) (thd).

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
LYNN STOPNICK
(F/K/A BRETT BUEHLHORN)
ADC #152086
v.

PLAINTIFF

4:17CV00193-JM-JJV

FAULKNER COUNTY
DETENTION CENTER; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff=s Objections. Plaintiff
objected on the basis that the Faulkner County Detention Center did not follow their policy of
keeping a paper trail of grievances and responses but rather used an electronic process whereby a
detainee filed a grievance electronically on a kiosk and did not receive a hard copy. Regardless,
Plaintiff utilized the grievance procedure employed by the Faulkner County Detention Center for
numerous grievances during the course of her detention as evidenced by the printout attached to
Defendant’s Statement of Facts (Docn No. 21-1), but she did not file a grievance regarding being
made to strip in front of male officers and being denied adequate access to water. Therefore,
after carefully considering the objections and making a de novo review of the record, the Court
concludes that the Proposed Findings and Partial Recommended Disposition should be, and hereby
are, approved and adopted in their entirety as this Court's findings in all respects.
IT IS, THEREFORE, ORDERED that:
1.

Defendants’ Motion for Partial Summary Judgment for Failure to Exhaust

Administrative Remedies (Doc. No. 19) is GRANTED.
2.

Plaintiff’s claims regarding being made to strip in front of male officers and being

denied adequate access to water are DISMISSED without prejudice for failure to exhaust

administrative remedies.
3.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order adopting the recommendations would not be taken in good faith.
THE CLERK IS DIRCTED to change the name of Plaintiff from Brett Buelhorn to Lynn
Stopnick pursuant to the order of the Hot Springs Circuit Court attached to Plaintiff’s notice filed
on July 19, 2017 (Docket No. 24)
DATED this 20th day of July, 2017.

_______________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

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