Roddy v. Phieffer et al

Filing 145

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)

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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 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. 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. 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

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