Flaherty v. Meinzer

Filing 41

ORDER APPROVING AND ADOPTING 40 RECOMMENDED DISPOSITION (RECOMMENDATION) in all respects; granting 30 MOTION for Summary Judgment filed by Curtis L. Meinzer and denying 34 MOTION for Summary Judgment filed by Thomas Steven Flaherty; dismissing Mr. Flaherty's remaining claims without prejudice. Signed by Judge Susan Webber Wright on 05/07/2014. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION THOMAS STEVEN FLAHERTY ADC #115819 V. PLAINTIFF NO. 5:13CV00143 SWW-BD CURTIS L. MEINZER DEFENDANT ORDER Magistrate Judge Beth Deere has filed a Recommended Disposition (“Recommendation”) in this case, and the parties have not filed any objections to that Recommendation. The Recommendation should be, and hereby is, approved and adopted in all respects. Defendant Meinzer’s motion for summary judgment (#30) is GRANTED. Mr. Flaherty’s claim regarding Defendant Meinzer’s failure to provide him meaningful 48hour relief from punitive isolation from January 2nd through January 4th, 2013, is DISMISSED, with prejudice. Mr. Flaherty’s remaining claims are DISMISSED, without prejudice, based on his failure to exhaust administrative remedies. Mr. Flaherty’s motion for summary judgment (#34) is DENIED. IT IS SO ORDERED this 7th day of May, 2014. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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