Gardner v. Straughn et al

Filing 119

ORDER adopting the partial recommendation 116 as modified. The modification: Gardner didn't name Kennedy or Clark in grievance MX-13-530. Kennedy and Clark's objection, 117 , is therefore sustained; Gardner's response, 118 , is ove rruled. Motion for summary judgment, 109 , granted in part and denied in part. All Gardner's claims stemming from grievance MX-13-1225-including his claims against Kennedy and Clark - are dismissed without prejudice for failure to exhaust. Gar dner's claims against Lowery, Griffin, and Jenkins are dismissed without prejudice for lack of exhaustion. His claims against Straughn, Outlaw, Matthews-Gardner, Lyons, Kelly, Hall, and Crocket stemming from grievance MX-13-530 remain. Signed by Judge D. P. Marshall Jr. on 7/29/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WALLACE A. GARDNER,
ADC #110784

v.

PLAINTIFF

No. 5:13-cv-216-DPM-BD

WILLIAM STRAUGHN, Warden, Maximum
Security Unit, ADC; STEVE OUTLAW, Assistant
Warden, Maximum Security Unit, ADC; BARBARA
MATHEWS-GARDNER, Lieutenant, Maximum
Security Unit, ADC; RICHARD CLARK, Sergeant,
Maximum Security Unit, ADC; WERNETHA LYONS,
Sergeant, Maximum Security Unit, ADC; ANGELA
KENNEDY, CO-II, Maximum Security Unit, ADC;
NICOLA KELLY, Sergeant, Maximum Security Unit,
ADC; LANCE L. HALL, Lieutenant, Maximum Security
Unit, ADC; KEITH CROCKET, Sergeant, Maximum
Security Unit, ADC; MICHEAL LOWERY, CO-II,
Maximum Security Unit, ADC; CHRISTOPHER
GRIFFITH; and CONNIE JENKINS
DEFENDANTS
ORDER
1. On de nova review, the Court adopts the partial recommendation,
NQ 116, as modified.

FED.

R. Crv. P. 72(b)(3).

2. The modification:

Gardner didn't name Kennedy or Clark in

grievance MX-13-530. NQ 109-3at1. And Clark's investigating that grievance
doesn't equal exhaustion as to him. Gardner had to name Clark in his initial

unit level grievance. NQ 109-2 at 5. Kennedy and Clark's objection, NQ 117, is
therefore sustained; and Gardner's response, NQ 118, is overruled.
3. Motion for summary judgment, NQ 109, granted in part and denied
rn part.

All Gardner's claims stemming from

grievance MX-13-

1225-including his claims against Kennedy and Clark- are dismissed
without prejudice for failure to exhaust. Gardner's claims against Lowery,
Griffin, and Jenkins are dismissed without prejudice for lack of exhaustion
too. His claims against Straughn, Outlaw, Matthews-Gardner, Lyons, Kelly,
Hall, and Crocket stemming from grievance MX-13-530 remain.
So Ordered.
.,/

D.P. Marshall Jr.
United States District Judge

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