Williams v. Banks et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS 28 granting 19 Motion for Summary Judgment and dismissing plaintiff's claims against defendants Byers, Capps, and Gibson without prejudice. Signed by Judge D. P. Marshall Jr. on 10/8/13. (kpr) (Docket entry modified on 10/9/2013 to correct the file date.) (thd).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION MCKINLEY WILLIAMS ADC # 146148 v. PLAINTIFF No. 5:13-cv-47-DPM-JTR CLARENCE CAPPS, Correctional Officer, Varner Unit, ADC; JAMES GIBSON, Deputy Warden, Varner Unit, ADC; and JARED BYERS, Major, Varner Unit, ADC DEFENDANTS ORDER Williams has not opposed Magistrate Judge J. Thomas Ray's Proposed Findings and Recommended Disposition, NQ 28. Reviewing for clear errors of fact on the face of the record, FED. R. CIV. P. 72(b) (Advisory Committee Notes to 1983 Addition), and for legal error, the Court adopts the proposal. Byers, Capps, and Gibson's motion for summary judgment, NQ 19, is granted. Williams's complaint, as to these defendants, is dismissed without prejudice for failure to exhaust his administrative remedies. So Ordered. -fi. J.7f?:v/Md.J/ D.P. Marshall Jr. United States District Judge 8 October 2013

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