Wise v. Evans et al

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATIONS 42 and dismissing pltf's complaint with prejudice with respect to his claims against deft Michael Biever; and dismissing pltf's complaint without prejudice in all other respects for failure to exhaust his administrative remedies. The Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge James M. Moody on 6/16/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TIMOTHY WISE
ADC #100788
V.

PLAINTIFF

NO: 5:10CV00283 JMM

MARVIN EVANS et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge H. David Young, and the objections filed. After carefully
considering the objections 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.

Plaintiff’s complaint is DISMISSED WITH PREJUDICE for failure to introduce

sufficient evidence to create a fact issue to be submitted to a jury with respect to his claims against
Defendant Michael Bieber.
2.

Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE in all other respects

for failure to exhaust his administrative remedies.
3.

The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.
DATED this 16

day of June, 2011.

UNITED STATES DISTRICT JUDGE