Bone v. Weeks et al

Filing 28

ORDER approving and adopting 7 25 first and second Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing with prejudice Defendant Arkansas Department of Correction; dismissing without pr ejudice defendant Weeks; and granting defendants' 20 motion for summary judgment dismissing without prejudice this case as to the remaining defendants due to Mr. Bones's failure to exhaust his administrative remedies. Signed by Judge Kristine G. Baker on 02/27/2017. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
STEPHEN JAMES BONE
ADC #160527

PLAINTIFF
Case No. 5:15-cv-00384-KGB-JTK

BENJAMIN WEEKS, et al.

DEFENDANTS
ORDER

The Court has reviewed the first Proposed Findings and Recommendations submitted by
United States Magistrate Judge Jerome T. Kearney and the second Proposed Findings and
Recommendations submitted by United States Magistrate Judge Jerome T. Kearney (Dkt. Nos. 7,
25). Plaintiff Stephen James Bone has filed no objections to the first or second Proposed
Findings and Recommendations, and the time for filing objections has passed. After careful
consideration of the first and second Proposed Findings and Recommendations, the Court
concludes that both the first and second Proposed Findings and Recommendations should be, and
hereby are, approved and adopted in their entirety as this Court’s findings in all respects (Dkt.
Nos. 7, 25).
Therefore, the Court dismisses with prejudice defendant Arkansas Department of
Correction for Mr. Bones’s failure to state a claim against the Arkansas Department of
Correction upon which relief may be granted (Dkt. No. 7), dismisses without prejudice defendant
Weeks for Mr. Bones’s failure to state a claim against defendant Weeks upon which relief may
be granted (Dkt. No. 7), and grants defendants’ motion for summary judgment dismissing
without prejudice this case as to the remaining defendants due to Mr. Bones’s failure to exhaust
his administrative remedies (Dkt. No. 20).

So ordered this 27th day of February, 2017.
_______________________________
Kristine G. Baker
United States District Judge

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