Williams v. Sloan et al

Filing 69

ORDER ADOPTING REPORT AND RECOMMENDATIONS 64 granting 52 Motion for Summary Judgment; denying as moot 63 Motion to Expedite; 67 Motion for Discovery; and 68 Motion. The Court directs the Clerk to re-file 3-24 of No. 68 in the appropriate case (Williams v. Dollar General Discount, 4:13-cv-561-BRW). Signed by Judge D. P. Marshall Jr. on 1/14/14. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION THELMA WILLIAMS v. PLAINTIFF No. 5:12-cv-238-DPM-JTK EDWARD MARCHBANKS, Sergeant, Maximum Security Unit, ADC DEFENDANT ORDER The Court has considered Magistrate Judge Kearney's Proposed Findings and Recommendations, NQ 64, and Williams's objections, NQ 65 & NQ 66. After reviewing de novo, the Court adopts the proposal in full. FED. R. CIV. P. 72(b)(3). Motion for summary judgment, NQ 52, granted for failure to exhaust. The Court declines to continue the matter until October 2014 as requested. NQ 65 at 2. Williams may refile his claims against Marchbanks if Williams is able to locate proof of exhaustion at his home after he is released next fall. The claims against Marchbanks are dismissed without prejudice. Williams's motions, NQ 63, 6 7, & 68, are denied as moot. The Court directs the Clerk tore-file pages 3-24 of NQ 68 in the appropriate case: Williams v. Dollar General Discount, 4:13-cv-561-BRW. So Ordered. D.P. Marshall Jr. United States District Judge 14 January 2014 -2-

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