Vanzant v. Norris et al
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
LARRY NORRIS; WILLIAM STRAUGHN;
SHERLEY OWNEY; ALFRED BURTON; ETTA
MIKE, Captain, Maximum Security Unit, A.D. C.;
STEVE OUTLAW; and VERNA BROOKS
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.
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