Grant v. McBride et al

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATIONS 41 and granting motions for summary judgment 24 39 ; finding as moot 34 Motion for Relief; finding as moot 17 Motion to Amend/Correct. The plaintiff's complaint is dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 1/8/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION PLAINTIFF ABRAHAM GRANT, SR. ADC#128147 No. 5:12-cv-317-DPM-BD v. JENNIFER McBRIDE, et al. DEFENDANTS ORDER The Court has considered Magistrate Judge Beth Deere's recommended disposition, Document No. 41, and Grant's objections, Document No. 45. On de novo review, the Court adopts Judge Deere's proposal as its decision. FED. R. CIV. P. 72(b)(3). Grant's objections do not create an issue of fact as to whether he followed ADC policy in appealing his grievance. Document No. 30-1, at 2, 5, & 8. Absent a decision on the merits to cure his filing defect, he has failed to exhaust his administrative remedies. Hammett v. Cofield, 681 F.3d 945,947 (8th Cir. 2012). Motions for summary judgment, Document Nos. 24 & 39, are granted. Grant's complaint, Document No. 2, is dismissed without prejudice. Other pending motions, Document Nos. 17 & 34, denied as moot. So Ordered. D.P. Marshall Jr. United States District Judge V I

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