Smith v. Hobbs et al

Filing 103

ORDER adopting 101 recommendation in large part and declining it in one respect. Smith's objections, 102 , are sustained in one respect and mostly overruled. The Court declines the recommendation on Smith's as-applied challenge about the July 2012 issue of Ebony. The Court adopts the remainder of the recommendation and overrules Smith's other objections. Defendants' motion for summary judgment, 71 , is granted in part and denied without prejudice in part. Smith's cla ims against Hobbs, May, Harris, Smart, Lowe, Jackson, West, Foote, Naylor, Alexander, Scussel, Wheeler, Tyler, and Muselwhite are dismissed without prejudice for failure to exhaust. Smith's claims against Cashion, Falls, and Kerry - except for h is as-applied challenge about the Ebony July 2012 issue - are dismissed without prejudice. Smith's motion for partial summary judgment, 76 , is denied. The case is referred back to Magistrate Judge Volpe for further proceedings. Any motion for summary judgment about the one remaining matter must be filed by 31 December 2015. Signed by Judge D. P. Marshall Jr. on 10/23/2015. (jak)