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)

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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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