Wallace v. Kelley et al.

Filing 73

ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATIONS in their entirety; granting 59 MOTION for Summary Judgment filed by Estella Bland, Troy Moore, William Warren; denying 63 MOTION for Summary Judgment filed by Byron L Wallace; dismissing 2 Complaint against Defendant Warren without prejudice; and dismissing 2 Complaint against Defendants Bland and Moore with prejudice. Signed by Judge Susan Webber Wright on 05/07/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BYRON L. WALLACE,
ADC #107098

PLAINTIFF
5:13CV00155-SWW-JTK

WENDY KELLEY, et al.

DEFENDANTS
ORDER

The Court has received proposed findings and recommendations from United States
Magistrate Judge Jerome T. Kearney.

After a review of those proposed findings and

recommendations, and the timely objections received thereto, as well as a de novo review of the
record, the Court adopts them in their entirety. Accordingly,
IT IS, THEREFORE, ORDERED that:
1.

Defendants’ Motion for Summary Judgment (Doc. No. 59) is GRANTED.

2.

Plaintiff’s Motion for Summary Judgment (Doc. No. 63) is DENIED.

3,

Plaintiff’s Complaint against Defendant Warren is DISMISSED without

prejudice, for failure to exhaust administrative remedies.
4.

Plaintiff’s Complaint against Defendants Bland and Moore is DISMISSED

with prejudice.
An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED this 7th day of May, 2014.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1