O'Neal v. Correctional Medical Services Inc et al

Filing 95

ORDER granting 91 Motion to Dismiss deft Wendy Kelley and dismissing pltf's claims against her without prejudice. Signed by Judge Brian S. Miller on 5/18/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RONALD DEE O’NEAL
ADC# 128560
v.

PLAINTIFF

CASE NO. 5:10CV00153 BSM-JJV

CORRECTIONAL MEDICAL
SERVICES INC. et al.

DEFENDANTS
ORDER

On May 21, 2010, plaintiff Ronald O’Neal filed a pro se complaint pursuant to 42
U.S.C. § 1983, alleging, among other things, that Defendant Wendy Kelley violated his
Fourteenth and Eighth Amendment rights. Kelley filed a motion to dismiss [Doc. No. 91]
which asserts that O’Neal’s claims against her should be dismissed for failure to exhaust
administrative remedies, as required by the Prison Litigation Reform Act.
O’Neal responded [Doc. No. 93] and admits he failed to properly exhaust his
administrative remedies, stating he wishes to voluntarily withdraw his claims against Kelley.
Accordingly, Kelley’s motion to dismiss [Doc. No. 91] is granted, and O’Neal’s claims
against her are dismissed without prejudice.
IT IS SO ORDERED this 18th day of May, 2011.

________________________________
UNITED STATES DISTRICT JUDGE