Bumgardner v. Norris et al

Filing 171

ORDER adopting 165 Magistrate Judge Kearney's recommended disposition with clarifications; granting 146 Defendants Kelley and Norris's motion for partial summary judgment; granting 149 Defendants Canady, Carpenter, and CMS's moti on for summary judgment; granting 164 Bumgardner's motion for more time to respond. Bumgardner's complaint against Norris, Kelley, Carpenter, and CMS is dismissed without prejudice for failure to exhaust. Bumgardner'S complaint against Canady is dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 3/23/11. (hph)

Bumgardner v. Norris et al

Doc. 171

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JIMMY DOYLE BUMGARDNER
ADC #103669

PLAINTIFF

v.

Case No. 5:08-cv-321-DPM

LARRY NORRIS; WENDY KELLEY;
CORRECTIONAL MEDICAL SERVICES;
RICHARD A. CARPENTER; and CANADY

DEFENDANTS

ORDER The Court has carefully reviewed the Proposed Findings and Recommendations from Magistrate Judge Jerome T. Kearney. Despite being granted additional time to respond, Bumgardner has not filed any objections. The Court sees no legal error or clear error of fact on the face of this record as a whole. FED. R. ClV. P. 72(b) (advisory committee notes to 1983 addition). The Court therefore adopts Magistrate Judge Kearney's recommended disposition, Document No. 165, as its own with clarifications. Defendants Kelley and Norris's motion for partial summary judgment,
I

Document No. 146, is granted based on no exhaustion. Defendants Canady,
Carpenter, and Correctional Medical Services's motion for summary

Dockets.Justia.com

judgment, Document No. 149 as supplemented by Document No. 159*, is granted. Bumgardner's motion for more time to respond to the supplement,
Document No. 164, is belatedly granted. Bumgardner filed his response, Document No. 167, and the Court has considered it.

Bumgardner's complaint against Norris, Kelley, Carpenter, and CMS is dismissed without prejudice for failure to exhaust. Bumgardner'S complaint against Canady is dismissed with prejudice. So Ordered.

D.P:MarShaiij;

~,

United States District Judge

"This document is not a supplemental motion; it is a supplement. The Clerk should so amend the docket.