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)

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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. -2­

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