Manning/Rogers v. Meinzer et al

Filing 94

ORDER ADOPTING REPORT AND RECOMMENDATIONS 93 and granting 84 Motion for Summary Judgment. Claims against Meinzer in his individual capacity are dismissed without prejudice for failure to exhaust administrative remedies. Claims against Harris and Freyder are dismissed with prejudice because they are entitled to qualified immunity. Signed by Judge D. P. Marshall Jr. on 7/15/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

JASON MICHAEL MANNING/ROGERS,
ADC #108709
v.

PLAINTIFF

No. 5:10-cv-282-DPM-BD

CURTIS L. MEINZER, Warden, Varner Unit, ADC;
CHARLES FREYDER, Senior Chaplain, Varner Unit,
ADC; and GRANT HARRIS

DEFENDANTS

ORDER
No one has objected to Magistrate Judge Beth Deere’s Recommended
Disposition. ¹ 93. There is no legal error or clear error of fact on the face of
the record as a whole. FED. R. CIV. P. 72(b) (Advisory Committee Notes to
1983 Addition). The Court therefore adopts Judge Deere’s recommendation.
The Defendants’ motion for summary judgment, ¹ 84, is granted.
Manning/Rogers’s claim against Meinzer for damages in his official capacity
is dismissed with prejudice. Papasan v. Allain, 478 U.S. 265, 278 (1986). His
claims against Meinzer in his individual capacity are dismissed without
prejudice for failure to exhaust administrative remedies. Claims against
Harris and Freyder are dismissed with prejudice because they are entitled to
qualified immunity.

So Ordered.

________________________
D.P. Marshall Jr.
United States District Judge
15 July 2013

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