Roberts v. BeBee et al

Filing 33

ORDER directing the Defendants to file within 7 days of the entry of this Order, a Supplemental Brief that includes copies of the entire administrative record for grievances MX13-1077, MX13-1340, MX13-1865, and MX13-2400. Signed by Magistrate Judge J. Thomas Ray on 09/16/2014. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

BRUNSON ROBERTS,
ADC #127841
V.

PLAINTIFF
5:14CV00054 BSM/JTR

RAY HOBBS, Director,
Arkansas Department of Correction, et al.

DEFENDANTS

ORDER
Defendants have filed a Motion for Summary Judgment arguing that they are
entitled to judgment, as a matter of law, because Plaintiff failed to exhaustion his
administrative remedies. Docs. 22, 23, & 24. In that Motion, Defendants rely on
grievances MX13-1077, MX13-1340, MX13-1865, and MX13-2400. Id. However,
Defendant's summary judgment papers do not include copies of any of those grievance
or refer to where they may be found in the record. To rule on the Motion for
Summary Judgment, the Court must have the complete administrative record for each
of those grievances.1 See Jones v. Bock, 549 U.S. 199, 216 (2007) (the failure to
exhaust administrative remedies is an affirmative defense that must be proven by the
defendants) (emphasis added); Nerness v. Johnson, 401 F.3d 874, 876 (8th Cir. 2005)

1

By "complete administrative record," the Court means: (1) Plaintiff's informal resolution
and grievance form; (2) the Warden's decision; (3) Plaintiff's appeal; and (4) the ADC Assistant
Director's final ruling.

(same); Crossley v. Georgia-Pacific, Corp., 355 F.3d 1112, 1113-14 (8th Cir. 2004)
(a court is not required to sift through the record to find evidentiary support for a
party's position).
IT IS THEREFORE ORDERED THAT Defendants must file, within seven
days of the entry of this Order, a Supplemental Brief that includes copies of the
entire administrative record for grievances MX13-1077, MX13-1340, MX13-1865,
and MX13-2400.
Dated this 16th day of September, 2014.

UNITED STATES MAGISTRATE JUDGE

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