Roddy v. Phieffer et al

Filing 144

ORDER adopting 134 PARTIAL REPORT AND RECOMMENDATIONS in their entirety; therefore, 105 MOTION for Summary Judgment filed by Wendy Kelley is GRANTED, and she is dismissed without prejudice, due to pltf's failure to timely and properly exhaust his administrative remedies against her; Wendy Kelley terminated. Signed by Chief Judge J. Leon Holmes on 5/2/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TROY RODDY
ADC #103051
v.

PLAINTIFF

No. 5:10CV00140 JLH/JTR

CONNIE HUBBARD,
ANP/Acting Director, Varner Unit, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Partial 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 Partial 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.

Defendant Kelley’s Motion for Summary Judgment (docket entry #105) is

GRANTED, and she is DISMISSED, WITHOUT PREJUDICE, due to Plaintiff’s failure to timely
and properly exhaust his administrative remedies against her.
2.

The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order would not be taken in good faith.
DATED this 2nd day of May, 2011.

UNITED STATES DISTRICT JUDGE