Martin v. Flud et al

Filing 41

ORDER approving and adopting 36 Proposed Findings and Recommended Disposition in its entirety as this Court's findings in all respects; granting 22 Defendant Tounzen's Motion for Partial Summary Judgment; dismissing without prejudice Mr . Martin's claims against Defendant Tounzen for failure to exhaust administrative remedies; denying as moot 37 Mr. Martin's Motion to Dismiss Party; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 04/26/2021. (ajt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
ROBERT MARTIN
ADC #164621
v.

PLAINTIFF
Case No. 4:20-cv-01361-LPR-JJV

FLUD, Administrator,
Lonoke County Detention Center; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe. (Doc. 36). No objections have been filed. After
a careful and de novo review of the Proposed Findings and Recommended Disposition and of the
record, the Court concludes that the Proposed Findings and Recommended Disposition should be,
and hereby is, approved and adopted in its entirety as this Court’s findings in all respects.
IT IS THEREFORE ORDERED that:
1.

Defendant Tounzen’s Motion for Partial Summary Judgment (Doc. 22) is

GRANTED.
2.

Mr. Martin’s claims against Defendant Tounzen are DISMISSED without prejudice

for failure to exhaust administrative remedies.
3.

Mr. Martin’s Motion to Dismiss Party is DENIED as moot. (Doc. 37).

4.

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

appeal from this Order would not be taken in good faith.
DATED this 26th day of April 2021.

________________________________
LEE P. RUDOFSKY
UNITED STATES DISTRICT JUDGE