Washington v. Cherry et al

Filing 18

ORDER directing Defendants to provide to the Court complete copies of the grievances at issue in this case within ten days of the date of this Order. Signed by Magistrate Judge Jerome T. Kearney on 04/25/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MARCUS L. WASHINGTON
v.

PLAINTIFF
5:14CV00014-JLH-JTK

KARL CHERRY, et al.

DEFENDANTS
ORDER

This matter is before the Court on Defendants’ Motion for Summary Judgment (Doc. No.
10). Plaintiff filed a Response in opposition to the Motion (Doc. No. 15), and Defendants filed a
Reply (Doc. No. 16.)
At issue is whether Plaintiff properly exhausted his administrative remedies prior to filing
this lawsuit, as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e.
Defendants argue that the grievances Plaintiff filed were not properly exhausted, and Plaintiff claims
he filed the grievances as soon as he became aware of the alleged violations by Defendants.
However, these grievances have not been made a part of the record by either party. The Court finds
that in order to properly review this issue, it must have complete copies of the two grievances filed
by Plaintiff, including all the ADC responses. Accordingly,
IT IS, THEREFORE, ORDERED that Defendants provide to the Court complete copies of
the grievances at issue in this case, which includes all ADC responses at all levels, within ten days
of the date of this Order.

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IT IS SO ORDERED this 25th day of April, 2014.

______________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

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