Williams v. York et al

Filing 73

ORDER adopting 71 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects; granting in part and denying in part 54 Motion for Summary Judgment. Plaintiff's claims against Defendant Step hens and his claims concerning his missed September 11, 2013, appointment are DISMISSED without prejudice for failure to exhaust administrative remedies. Plaintiff's official capacity claims for money damages are dismissed. The Motion is DENIED in all other respects. Signed by Judge James M. Moody Jr. on 8/13/2015. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOHN HENRY WILLIAMS, ADC # 93081 v. PLAINTIFF 5:14CV00281-JM-JJV DEBRA YORK; et al. DEFENDANT ORDER The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff’s Objections. After carefully considering the objections and making a de novo review of the record, the Court concludes that the Proposed Findings and Partial Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS, THEREFORE, ORDERED that: 1. Defendants' Motion for Summary Judgment (Doc. No. 54) is GRANTED in part and DENIED in part: A. Plaintiff’s claims against Defendant Stephens and his claims concerning his missed September 11, 2013, appointment are DISMISSED without prejudice for failure to exhaust administrative remedies; B. Plaintiff’s official capacity claims for money damages are dismissed; and C. The Motion is DENIED in all other respects. DATED this 13th day of August, 2015. _______________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1

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