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)

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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

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