Covert v. Kelley et al

Filing 74

ORDER adopting 73 recommended disposition; granting 55 partial motion for summary judgment; dismissing without prejudice Harold Covert's deliberate indifference claims for failure to exhaust his administrative remedies; and allowing to proceed Covert's remaining First Amendment retaliation claim against Plummer, Lloyd, Swopes, and Sgt. Hampton. Signed by Judge Brian S. Miller on 9/19/2022. (ljb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
HAROLD COVERT
ADC #151511
v.

PLAINTIFF
CASE NO. 4:20-CV-00202-BSM

WENDY KELLEY, et al.
Director, ADC

DEFENDANTS
ORDER

Having carefully reviewed the record, United States Magistrate Judge J. Thomas
Ray’s recommended disposition [Doc. No. 73] is adopted. The partial motion for summary
judgment filed by Wendy Kelley, Dexter Payne, James Shipman, Jared Byers, Brandon
Carroll, Marshall Reed, Randy Straughn, James Plummer, Mary Lloyd, Laquista Swopes,
Scott Taylor, Christopher Johnson, Michael Richardson, Raymond Naylor, and James Gibson
[Doc. No. 55] is granted. Harold Covert’s deliberate indifference claims are dismissed
without prejudice, for failure to exhaust his administrative remedies. 42 U.S.C. § 1997e(a).
Covert’s remaining First Amendment retaliation claim against Plummer, Lloyd, Swopes, and
Sgt. Hampton is allowed to proceed.
IT IS SO ORDERED this 19th day of September, 2022.

________________________________
UNITED STATES DISTRICT JUDGE