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)

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

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