Dayberry v. Long et al

Filing 43

ORDER approving and adopting 41 Recommended Disposition in its entirety as this Court's findings and conclusions in all respects; granting Defendants' 29 Motion for Summary Judgment; dismissing, without prejudice, Plaintiff's claims; and certifying that an in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 1/29/2025. (ldb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
JIM DAYBERRY
ADC #653942
v.

PLAINTIFF
No. 4:23-cv-01035-LPR

BRANDON LONG, et al.

DEFENDANTS
ORDER

The Court has reviewed the Recommended Disposition (RD) submitted by United States
Magistrate Judge Jerome T. Kearney (Doc. 41). No objections have been filed, and the time to do
so has expired. After a de novo review of the RD, along with careful consideration of the entire
case record, the Court hereby approves and adopts the RD in its entirety as this Court’s findings
and conclusions in all respects.
Accordingly, the Defendants’ Motion for Summary Judgment (Doc. 29) is GRANTED.
Plaintiff’s claims are DISMISSED without prejudice based on his failure to fully exhaust his
administrative remedies. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma
pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith.
IT IS SO ORDERED this 29th day of January 2025.

_______________________________
LEE P. RUDOFSKY
UNITED STATES DISTRICT JUDGE