Roddy v. Phieffer et al
ORDER ADOPTING 136 Report and Recommendations in their entirety; therefore, 121 MOTION for Summary Judgment filed by the CMS Defts is GRANTED and this case is dismissed without prejudice; judgment will be entered accordingly. 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
No. 5:10CV00140 JLH/JTR
ANP/Acting Director, Varner Unit, et al.
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:
The CMS Defendants’ Motion for Summary Judgment (docket entry #121) be
GRANTED, and that the case be DISMISSED, WITHOUT PREJUDICE, due to Plaintiff’s failure
to timely and properly exhaust his administrative remedies.
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
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