Ridley v. Holiday et al

Filing 31

ORDER approving and adopting 25 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects; granting 17 Defendant Cass's Motion for Summary Judgment in all respects - save his request for a "with prejudice" dismissal of this action; dismissing without prejudice this cause of action due to Plaintiff's failure to exhaust his administrative remedies; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 11/01/2017. (cmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BRIAN RIDLEY,

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Plaintiff,
v.
DOC HOLIDAY, Sheriff,
Pulaski County; et al.
Defendants.

No. 4:17CV00365-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.1 After carefully
considering the objections and making a de novo review of the record, the Court concludes that
the Proposed Findings and 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.

Defendant Cass’s Motion for Summary Judgment (Doc. No. 17) is GRANTED in

all respects - save his request for a “with prejudice” dismissal of this action.
2.

This cause of action is DISMISSED without prejudice due to Plaintiff’s failure to

exhaust his 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.
IT IS SO ORDERED this 1st day of November, 2017.

/s/ Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1 With his objections, Plaintiff claims that he appealed his initial grievance, but he never received a response.
Plaintiff fails to explain why he failed to offer this additional information in response to Defendants’ motion for
summary judgment as required by the instructions set forth in the proposed findings and recommendations.