Story v. Jackson et al

Filing 69

ORDER adopting as modified and supplemented 66 Amended and Substituted Proposed Findings and Recommendations. Defendant's 56 Motion for Summary Judgment is granted. Story's 59 Motion for Judgment and his 63 Motion for Stay are denied as moot. Signed by Judge D. P. Marshall Jr. on 7/29/2014. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KENDRICK STORY ADC # 109934 v. PLAINTIFF No. 5:13-cv-133-DPM-JJV MOSES JACKSON, III, Major, Randall L. Williams Unit, ADC; MINNIE L. DRAYER, Disciplinary Hearing Officer, ADC; JOHN LOWE, Deputy Warden, Randall L. Williams Unit, ADC; RAYMOND NAYLOR, Hearing Administrator, ADC; and MARK CASHION, Warden DEFENDANTS ORDER On de novo review, the opposed recommendation, NQ 66, is adopted as modified and supplemented. FED. R. CIV. P. 72(b)(3). Story's objections, NQ 6 7 & 68, create a dispute of material fact about whether he fully exhausted his administrative remedies. Story says he tried to refile his then-ripe appeal on 3 September 2013, but Lieutenant McConnell didn't deliver or file it. NQ 68 at 1-2. Defendants argue, and Story acknowledges in his stay motion, though, that his claims are Heck-barred. NQ 63. The Court agrees. Sheldon v. Hundley, 83 F.3d 231,233 (8th Cir. 1996). Defendants' motion for summary judgment, NQ 56, is therefore granted. Story's motion for judgment, NQ 59, and his motion for a stay, NQ 63, are denied as moot. So Ordered. Jf D.P. Marshall United States District Judge -2-

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