Morrow v. Lay et al

Filing 42

ORDER ADOPTING 41 the proposed findings and recommended disposition; dismissing Berry Morrow's complaint, with prejudice, with respect to the claim that his housing conditions amounted to cruel and unusual punishment; and dismissing the compl aint, without prejudice, with respect to Morrow's claims that his packages were stolen and he was discriminated against based on his religious beliefs for failure to exhaust administrative remedy. Signed by Chief Judge Brian S. Miller on 4/1/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BERRY MORROW
v.

PLAINTIFF
CASE NO. 5:14CV00152 BSM

GAYLON LAY, DONALD TATE, SR.,
JIMMY KIRTLEY, and LARRY MAY

DEFENDANTS

ORDER
The proposed findings and recommended disposition (“RD”) submitted by United
States Magistrate Judge H. David Young have been reviewed. No objections have been
filed. After careful consideration, the RD are hereby approved and adopted in their entirety
in all respects.
IT IS THEREFORE ORDERED that:
1

Berry Morrow’s complaint [Doc. No. 2] is dismissed with prejudice with

respect to the claim that his housing conditions amounted to cruel and unusual punishment;
2

The complaint is dismissed without prejudice with respect to Morrow’s claims

that his packages were stolen and he was discriminated against based on his religious beliefs
for failure to exhaust administrative remedy.
IT IS SO ORDERED this 1st day of April 2015.
________________________________
UNITED STATES DISTRICT JUDGE