Pickens v. WC Dub Brassel Detention Center et al
Filing
49
ORDER approving and adopting 47 Recommended Disposition in its entirety as this Court's findings and conclusions in all respects; granting Defendant Alexander's 43 Motion for Summary Judgment for Failure to Exhaust Administrative Re medies; dismissing, without prejudice, Plaintiff's claims against Defendant Alexander and dismissing this case; and certifying that an in forma pauperis appeal from this Order and 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
GORDON DEAN PICKENS, JR.
#114395
v.
PLAINTIFF
No. 4:24-cv-00407-LPR
W.C. DUB BRASSELL DETENTION
CENTER, et al.
DEFENDANTS
ORDER
The Court has reviewed the Recommended Disposition (RD) submitted by United States
Magistrate Judge Jerome T. Kearney (Doc. 47). No objections have been filed, and the time for
doing 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.1
Accordingly, Defendant Alexander’s Motion for Summary Judgment for Failure to
Exhaust Administrative Remedies (Doc. 43) is GRANTED. Plaintiff’s claims against Defendant
Alexander are DISMISSED without prejudice for failure to exhaust, and this case is DISMISSED.
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this
Order and 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
There is one exception, but it does not change anything about the ultimate conclusion or, for that matter, about the
summary judgment analysis. With respect to the first sentence of the second paragraph on page 6 of the RD, I read
Plaintiff’s complaint to be ambiguous as to whether Plaintiff is asserting filing one grievance or multiple grievances.
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