Poindexter v. Andrews et al

Filing 26

ORDER approving and adopting 21 Recommended Disposition in its entirety as this Court's findings in all respects; granting defendants' 8 motion to dismiss; dismissing without prejudice this case; and denying as moot the pending 23 motion for protective order. Signed by Judge Kristine G. Baker on 02/16/2017. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
RUFUS POINDEXTER
ADC #140873

PLAINTIFF
Case No. 5:16-cv-00244-KGB-BD

ANDREWS, et al.

DEFENDANTS
ORDER

The Court has reviewed the Recommended Disposition submitted by United States
Magistrate Judge Beth Deere (Dkt. No. 21). Plaintiff Rufus Poindexter has filed no objections to
the Recommended Disposition, and the time for filing objections has passed. After careful
consideration of the Recommended Disposition, the Court concludes that the Recommended
Disposition should be, and hereby is, approved and adopted in its entirety as this Court’s findings
in all respects (Dkt. No. 21). Therefore, the Court grants defendants’ motion to dismiss and
dismisses without prejudice this case based on Mr. Poindexter’s failure to exhaust administrative
remedies (Dkt. No. 8). 1 The pending motion for protective order is denied as moot (Dkt. No.
23).
So ordered this 16th day of February, 2017.
_______________________________
Kristine G. Baker
United States District Judge

1

This Court agrees that, even though separate defendant Captain Demery, previously
misidentified as “Captain Denver,” has not yet been served and therefore did not join in the
motion to dismiss, the exhaustion requirement applies equally to Captain Demery (Dkt. No. 21,
at 2 n.1).