Vanzant v. Norris et al

Filing 80

ORDER ADOPTING REPORT AND RECOMMENDATIONS 76 , dismissing plaintiff's complaint and certifying that an ifp appeal would not be in good faith. Signed by Judge D. P. Marshall Jr. on 2/15/12. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

PINE BLUFF DIVISION

MARK EDWARD VANZANT

A.D.C. # 137057

v.

PLAINTIFF

No.5:10-cv-363-DPM-HDY

LARRY NORRIS; WILLIAM STRAUGHN;

SHERLEY OWNEY; ALFRED BURTON; ETTA

MIKE, Captain, Maximum Security Unit, A.D. C.;

STEVE OUTLAW; and VERNA BROOKS

DEFENDANTS

ORDER
Vanzant has not objected to Magistrate Judge Young's proposed final
recommended disposition, Document No. 76, and the time to do so has
expired. The Court agrees that all Vanzant's remaining claims fail as a matter
of law because, as Vanzant acknowledged at the hearing, he did not exhaust
his administrative remedies. Vanzant's seeming suggestion that his grievance
might have been lost cannot get past his concession that he filed no grievance.
The Court sees no legal error or clear error of fact on the record's face. FED.
R. Crv. P. 72(b)(2) (1983 Addition to Advisory Committee Notes). The Court
adopts Judge Young's recommendation, dismisses Vanzant's complaint

without prejudice, and certifies that an in forma pauperis appeal would be
frivolous and not in good faith.
So Ordered.

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