Jones v. Payne et al

Filing 73

ORDER approving and adopting 51 Partial Recommended Disposition as its findings and conclusions in all respects; and denying Defendant Jackson's 47 Motion for Summary Judgment. Signed by Judge Lee P. Rudofsky on 1/28/2025. (ldb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
RODNEY L. JONES
ADC #148884
v.

PLAINTIFF
No. 4:23-cv-00876-LPR-JJV

DEXTER PAYNE, et al.

DEFENDANTS
ORDER

The Court has received a Partial Recommended Disposition (PRD) from United States
Magistrate Judge Joe J. Volpe (Doc. 51). No objections have been filed, and the time for doing so
has expired. After a de novo review of the PRD, along with careful consideration of the entire
case record, the Court hereby approves and adopts the PRD as its findings and conclusions in all
respects.

Accordingly, Defendant Jackson’s Motion for Summary Judgment (Doc. 47) is

DENIED.1
IT IS SO ORDERED this 28th day of January 2025.
_______________________________
LEE P. RUDOFSKY
UNITED STATES DISTRICT JUDGE

1

The Court is less certain than the PRD is that (1) the language of the grievance-appeal with respect to Warden Jackson
is about anything other than Jackson’s denial of the grievance, and (2) that the Director’s response reached the merits
of any action of Jackson. But the language is cryptic enough that there is a genuine dispute of material fact precluding
summary judgment on exhaustion grounds. If reasonable inferences are drawn in favor of Plaintiff, the PRD is correct.