Avery v. Stringfellow Dentistry et al

Filing 28

ORDER granting 26 motion to voluntarily dismiss. Avery's claims against Wellpath and Blanks are dismissed without prejudice. On de novo review, the Court adopts 25 partial recommendation and overrules 27 objections. 18 Motion for partial summary judgment granted. Avery's claims against Breedlove raised in WHM20-00084, WHM20-00087, and WHM20-00091 go forward. All other claims and Defendants are dismissed without prejudice for failure to exhaust. Signed by Chief Judge D. P. Marshall Jr. on 11/17/2021. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANAS
CENTRAL DIVISION
ROBERT WILIAM A VERY
ADC #652373

v.

PLAINTIFF

No. 4:21-cv-468-DPM-JTK

STRINGFELLOW DENTISTRY; JESSICA
JACKSON BREEDLOVE, Dentist,
String£ell ow Dentistry; WELLP A TH HEALTH
CARE; and VESTA MULLINS BLANKS, Health
Services Administrator, Well path Health Care

DEFENDANTS

ORDER
1. Motion to voluntarily dismiss, Doc. 26, granted. Avery's claims

against Wellpath and Blanks are dismissed without prejudice.
2. On de novo review, the Court adopts Magistrate Judge

Kearney's partial recommendation, Doc. 25, and overrules Avery' s
objections, Doc. 27.

FED.

R. CIV. P. 72(b)(3). Avery argues that the

ADC' s grievance procedure was unavailable because it does not name
11

contractors and sub-contractors." Doc. 2 7 at 1. But the policy covers
11

action of an employee(s), contractor(s), or volunteer(s) that personally

affects the inmate." Doc. 19-1 at 2. Avery also argues that Grievance
WR-21-124 was not a duplicate of WR-21-122 because it added

language about "practice, policy, customs+ procedures[.]" Doc. 27 at 2
& Doc. 19-2 at 38. The ADC grievance policy states that a grievance will

be rejected if it is duplicative "with regard to the staff member named,
the date of the incident, and the subject of the grievance[.]" Doc. 19-1

at 16. The two grievances at issue here fit that bill. Avery's adding
general language about policy, practice, customs, and procedure was
not sufficient to notify the ADC that he was attempting to grieve a
separate claim.
3. Motion for partial summary judgment, Doc. 18, granted.
Avery' s claims against Breedlove raised in WHM20-00084, WHM2000087, and WHM20-00091 go forward. All other claims and Defendants
are dismissed without prejudice for failure to exhaust.
So Ordered.

v'

D .P. Marshall Jr.
United States District Judge

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