Vann v. Olson et al
Filing
86
ORDER approving and adopting in its entirety in all respects 68 Proposed Findings and Recommended Partial Disposition; and granting in part and denying in part 51 Defendants' motion for partial summary judgment. As to defendant Aleeshia Qui nones, Mr. Vann is allowed to proceed only on those claims that arose on April 3, 2013, and that are described in grievance VSM13-01286. As to defendants Connie Hubbard, Deborah York, and Ojiugo Iko, Mr. Vann is allowed to proceed only on those claim s that arose during the period from April 3, 2013, to August 6, 2013, and that were properly exhausted in grievances VSM13-01286, VSM13-02342, VSM13-02688, and VSM13-02913. All other claims against defendants Ms. Quinones, Ms. Hubbard, Ms. York, and Dr. Iko are dismissed without prejudice for failure to exhaust administrative remedies. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 4/27/2015. (ljb)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CLAYTON LAMONT VANN
ADC #108062
v.
PLAINTIFF
Case No. 5:14-cv-00118-KGB-JTR
CONNIE HUBBARD, APN
Varner Unit, ADC, et al.
DEFENDANTS
ORDER
The Court has reviewed the Proposed Findings and Recommended Partial Disposition
submitted by United States Magistrate Judge J. Thomas Ray (Dkt. No. 68), as well as the timely
objections filed by plaintiff Clayton Lamont Vann (Dkt. No. 73). After carefully considering the
documents and making a de novo review of the record in this case, the Court concludes that the
Proposed Findings and Recommended Partial Disposition should be, and hereby is, approved and
adopted in its entirety as this Court’s findings in all respects.
It is therefore ordered that:
1.
Defendants’ motion for partial summary judgment is granted in part and denied in
part (Dkt. No. 51).
2.
As to defendant Aleeshia Quinones, Mr. Vann is allowed to proceed only on those
claims that arose on April 3, 2013, and that are described in grievance VSM13-01286.
3.
As to defendants Connie Hubbard, Deborah York, and Ojiugo Iko, Mr. Vann is
allowed to proceed only on those claims that arose during the period from April 3, 2013, to
August 6, 2013, and that were properly exhausted in grievances VSM13-01286, VSM13-02342,
VSM13-02688, and VSM13-02913.
4.
All other claims against defendants Ms. Quinones, Ms. Hubbard, Ms. York, and
Dr. Iko are dismissed without prejudice for failure to exhaust administrative remedies.
5.
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that in forma pauperis
appeal from this Order would not be taken in good faith.
SO ORDERED this the 27th day of April, 2015.
________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE
2
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