Marshall v. Burden et al

Filing 83

ORDER adopting 78 Report and Recommendations in their entirety; therefore, pltf's complaint is DISMISSED WITHOUT PREJUDICE for failure to exhaust available administrative remedies; judgment will be entered accordingly. Signed by Judge Brian S. Miller on 12/20/10. (vjt)

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Marshall v. Burden et al Doc. 83 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CALVIN LEE MARSHALL, ADC #90207 v. CASE NO.: 5:09-cv-00128 BSM/JJV DEFENDANTS ORDER The proposed findings and recommended disposition submitted by United States Magistrate Judge Joe J. Volpe have been received. The objections have been received. After carefully considering these documents and making a de novo review of the record, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety in all respects. IT IS THEREFORE ORDERED that: 1. Plaintiff's complaint is DISMISSED without prejudice due to his failure to PLAINTIFF ANTHONY BURDEN, et al exhaust available administrative remedies. 2. It is certified, pursuant to 28 U.S.C. 1915(3), than an in forma pauperis appeal from this order would not be taken in good faith. Dated this 20th day of December, 2010. UNITED STATES DISTRICT JUDGE

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