Holloway v. Watson
ORDER Adopting Recommended Disposition with modification; granting the 43 motion for summary judgment; and dismissing Holloway's 5 amended complaint without prejudice. It is certified that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 05/31/2016. (rhm)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CASE NO: 5:15-CV-00335 BSM
RANDY WATSON, et al.
The recommended disposition (“RD”) submitted by United States Magistrate Judge
Beth Deere [Doc. No. 50] and plaintiff Winston Holloway’s objections [Doc. No. 51] have
been reviewed. After a review of the record, the RD is adopted with modification.
The RD correctly dismisses Holloway’s claims for the failure to exhaust
administrative remedies because he presented no evidence suggesting prison officials
impeded his ability to exhaust. Any references to dismissing his claim for refusing to mail
his certiorari petition are omitted, however, because granting the motion to amend his
complaint [Doc. No. 41] removes that claim, and thus it no longer exists for summary
judgment purposes. See Doc. No. 50 at 2 (dismissing claim with prejudice); but see id. at 6
(dismissing same claim without prejudice).
Accordingly, the motion for summary judgment [Doc. No. 43] is granted, and
Holloway’s amended complaint is dismissed without prejudice. It is certified that an in
forma pauperis appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED this 31st day of May 2016.
UNITED STATES DISTRICT JUDGE
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