Guinther v. Banks et al

Filing 135

ORDER ADOPTING REPORT AND RECOMMENDATIONS 132 granting 96 99 Motions for Summary Judgment and dismissing the case without prejudice, due to plaintiff's failure to timely and properly exhaust his administrative remedies. Signed by Judge James M. Moody on 3/30/11. (kpr)

Guinther v. Banks et al

Doc. 135

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION

EDGAR L. GUINTHER ADC #100017 V. JAMES BANKS, Former Warden, Tucker Unit, et al. ORDER 5:10CV00139 JMM/JTR

PLAINTIFF

DEFENDANTS

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED that: 1. Defendants' Motions for Summary Judgment (docket entries #96 and #99) are

GRANTED, and this case is DISMISSED, WITHOUT PREJUDICE, due to Plaintiff's failure to timely and properly exhaust his administrative remedies. 2. 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. Dated this 30th day of March, 2011.

UNITED STATES DISTRICT JUDGE

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