Fletcher v. Kelly et al

Filing 23

ORDER adopting 22 proposed findings and recommendations in their entirety; granting defendant Joshua Mayfield's 18 motion for summary judgment; and dismissing Mayfield from this action without prejudice. It is further certified that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 11/23/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BILLY FLETCHER
ADC #139682
v.

PLAINTIFF

CASE NO. 5:16-CV-00201 BSM

WENDY KELLY, Director,
Arkansas Department of Correction; et al.

DEFENDANTS

ORDER
The proposed findings and recommendations [Doc. No. 22] submitted by United
States Magistrate Judge Joe J. Volpe have been received. No objections have been filed by
plaintiff Billy Fletcher.

After careful consideration, the proposed findings and

recommendations are adopted in their entirety. Accordingly, defendant Joshua Mayfield’s
motion for summary judgment [Doc. No. 18] is granted, and Mayfield is dismissed from this
action without prejudice due to Fletcher’s failure to exhaust his administrative remedies
against him. It is further certified that an in forma pauperis appeal from this order would not
be taken in good faith. See 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED this 23rd day of November 2016.
________________________________
UNITED STATES DISTRICT JUDGE