Coffey v. Hobbs et al

Filing 57

ORDER ADOPTING REPORT AND RECOMMENDATIONS 54 and granting 45 Motion for Summary Judgment filed by Correctional Medical Services, Deborah York. The complaint is dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 12/16/11. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

PINE BLUFF DIVISION

KENNY COFFEY

ADC#86434

v.

PLAINTIFF
No.5:11-cv-86-DPM

DEBORAH YORK, Director of
Nurses, CMS; and CORRECTIONAL
MEDICAL SERVICES

DEFENDANTS

ORDER
United States Magistrate Judge Jerome T. Kearney entered Proposed
Findings and Recommendations in this case, Document No. 54, to which
Coffey has not objected. Having reviewed the proposal for clear errors of fact
on the face of the record, FED. R. Cry. P. 72(b) (advisory committee notes to
1983 addition), and for legal error, the Court adopts the proposal as its own.
Because Coffey's untimely

grievances failed

to

exhaust his

administrative remedies, as required by the Prison Litigation Reform Act, his
complaint is dismissed without prejudice.
So Ordered.