Bower v. ADC et al
Filing
34
ORDER approving and adopting 32 Recommended Disposition in its entirety as this Court's findings and conclusions in all respects; granting 24 Motion for Summary Judgment; dismissing, without prejudice, Plaintiff's excessive force claim against Defendant Childs; instructing the Clerk to close this case; 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
RICHARD BOWER
ADC #144498
v.
PLAINTIFF
Case No: 4:23-cv-01167-LPR
FREDDY CHILDS, Officer,
Cummins Unit, ADC
DEFENDANT
ORDER
The Court has reviewed the Recommended Disposition (RD) submitted by United States
Magistrate Judge Edie R. Ervin (Doc. 32) and the Plaintiff’s Objections (Doc. 33). After a de novo
review of the RD, along with careful consideration of the Objections and 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.1
Accordingly, Defendant’s Motion for Summary Judgment (Doc. 24) is GRANTED.
Plaintiff’s excessive force claim against Defendant Childs is DISMISSED without prejudice based
on his failure to fully exhaust his administrative remedies. The Clerk is instructed to close this
case. 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
1
To the extent the Amended Complaint could be read to allege that prison officials prevented Plaintiff from properly
completing the grievance and appeal process, Plaintiff provided no facts to support this allegation in the summary
judgment process. And Plaintiff’s Objections to the RD discuss facts occurring after the filing of the Complaint,
which are not relevant to the RD’s analysis.
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