Scott v. Watson et al

Filing 44

ORDER ADOPTING 42 Proposed Findings and Recommended Disposition. The Clerk of Court is to alter the docket to reflect that Defendant Miller is properly "Terry Miller." Defendants' 33 Motion for Summary Judgment is GRANTED. Plainti ff's claims against Defendants Randy Watson, Moses Jackson and Terry Miller 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 James M. Moody Jr. on 1/14/2016. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DEVERICK SCOTT, ADC #131042
v.

PLAINTIFF
5:15CV00174-JM-JJV

RANDY WATSON, Warden,
Varner Unit; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and 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 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.

The Clerk of Court alter the docket to reflect that Defendant Miller is properly
“Terry Miller.”

2.

Defendants’ Motion for Summary Judgment (Doc. No. 33) is GRANTED.

3.

Plaintiff’s claims against Defendants Randy Watson, Moses Jackson, and Terry

Miller are DISMISSED without prejudice for failure to exhaust administrative remedies.
4.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order would not be taken in good faith.
DATED this 14th day of January, 2016.
_______________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

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