Grissom v. White et al

Filing 103

ORDER adopting 92 94 Proposed Findings and Partial Recommended Dispositions in their entirety as this Court's findings in all respects; granting 67 Motion for Summary Judgment. Wesley Elisha Grissom's claims against Ms. McClean are dismissed without prejudice for failure to exhaust administrative remedies; granting in part and denying in part 74 Motion for Summary Judgment. Mr. Grissom's claims against separate defendants James Gibson, Kay Howell, Grant Harris, Jada Lawr ence, and Wendy Kelley are dismissed without prejudice for failure to exhaust administrative remedies. Mr. Grissom may proceed with his 42 U.S.C. § 1983 excessive force and pendent state law battery claims against separate defendant Latricia White. Mr. Grissom's request for monetary damages against Ms. White in her official capacity is dismissed with prejudice; denying 100 Motion for Ruling. Signed by Judge Kristine G. Baker on 9/8/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WESLEY ELISHA GRISSOM,
ADC #110265
v.

PLAINTIFF

Case No. 5:13-cv-00024-KGB-JTR

LATRICIA WHITE, Kitchen Supervisor,
Delta Regional Unit, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Partial Disposition
submitted by United States Magistrate Judge J. Thomas Ray (Dkt. No. 92). The Court also has
reviewed the second Proposed Findings and Recommended Partial Disposition submitted by
Judge Ray (Dkt. No. 94) and the objections filed by Mr. Grissom (Dkt. Nos. 95, 96).
No objections have been filed to the Proposed Findings and Recommended Disposition,
and the time for filing objections to the Proposed Findings and Recommended Disposition has
passed. After careful review, the Court concludes that the Proposed Findings and Recommended
Partial Disposition should be, and hereby are, approved and adopted in their entirety as this
Court’s findings in all respects (Dkt. No. 92). Separate defendant Amanda McClean’s motion
for summary judgment is granted (Dkt. No. 67), and plaintiff Wesley Elisha Grissom’s claims
against Ms. McClean are dismissed without prejudice for failure to exhaust administrative
remedies.
After carefully considering the second Proposed Findings and Recommended Partial
Disposition submitted by Judge Ray (Dkt. No. 94) and the objections filed by Mr. Grissom (Dkt.
Nos. 95, 96), and making a de novo review of the record in this case, the Court concludes that the
Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved

and adopted in their entirety as this Court’s findings in all respects. Defendants’ motion for
summary judgment is granted in part and denied in part (Dkt. No. 74). Mr. Grissom’s claims
against separate defendants James Gibson, Kay Howell, Grant Harris, Jada Lawrence, and
Wendy Kelley are dismissed without prejudice for failure to exhaust administrative remedies.
Mr. Grissom may proceed with his 42 U.S.C. § 1983 excessive force and pendent state law
battery claims against separate defendant Latricia White. Mr. Grissom’s request for monetary
damages against Ms. White in her official capacity is dismissed with prejudice. The Court
certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order
would not be taken in good faith. Mr. Grissom’s motion for ruling is denied as moot (Dkt. No.
100).
SO ORDERED this the 8th day of September, 2014.

____________________________________
Kristine G. Baker
United States District Judge

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