Hayes v. Johnson et al

Filing 35

ORDER adopting 31 partial recommendation; overruling 33 and 34 objections; and granting in part and denying in part 23 motion for partial summary judgment. Hayes's claims against Payne-and his retaliation claims against Johnson, Lowe, Banister, and Watson-are dismissed without prejudice for failure to exhaust. Signed by Judge D. P. Marshall Jr. on 11/2/2018. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ANTHONY HAYES
ADC #147539

PLAINTIFF

No. 4:18-cv-291-DPM-JJV

v.

MITCHELL JOHNSON, JR., Captain,
Hawkins Unit for Women; MICHAEL
M. LOWE, Major, Wrightsville Unit;
TERRIE L. BANISTER, Disciplinary
Hearing Judge, ADC; ITENA JACKSON,
SATP Counselor, Wrightsville Unit;
CLAUDIA HARRIS, Deputy Warden,
Wrightsville Unit; RANDY WATSON,
Warden, Wrightsville Unit; and DEXTER
PAYNE, Deputy Director, ADC

DEFENDANTS

ORDER
On de nova review, the Court adopts the partial recommendation,
NQ 31, and overrules Hayes's partial objections, NQ 33-34. FED. R. CIV.

P. 72(b)(3).

Motion for partial summary judgment, N2 23, granted in

part and denied in part.

Hayes' s claims against Payne - and his

retaliation claims against Johnson, Lowe, Banister, and Watson - are
dismissed without prejudice for failure to exhaust.

So Ordered.
{)

D.P. Marshall Jr.
United States District Judge

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