Whitney v. Kelly et al

Filing 146

ORDER adopting the 139 Proposed Findings and Recommendations in their entirety; granting Perkins' 124 motion for summary judgment on exhaustion; dismissing without prejudice Mr. Whitney's claims against defendant Perkins; denying Mr. Whitney's 144 motion for leave to appeal in forma pauperis as incomplete; and directing the Clerk to resend Mr. Whitney a copy of the forms he needs to complete in order to appeal in forma pauperis. Signed by Judge Kristine G. Baker on 9/1/2017. (ljb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES E. WHITNEY
ADC #163817
v.

PLAINTIFF

Case No. 5:16-cv-00353 KGB/JTK

WENDY KELLEY, et al.

DEFENDANTS
ORDER

The Court has received Proposed Findings and Recommendations submitted by United
States Magistrate Judge Jerome T. Kearney (Dkt. No. 139). Plaintiff James E. Whitney filed
objections to the Proposed Findings and Recommendations (Dkt. Nos. 142; 143). After a review
of the Proposed Findings and Recommendations and Mr. Whitney’s objections, as well as a de
novo review of the record, the Court adopts the Proposed Findings and Recommendations in their
entirety (Dkt. No. 139). It is therefore ordered that defendant Perkins’ motion for summary
judgment on exhaustion is granted (Dkt. No. 124). Mr. Whitney’s claims against defendant
Perkins are dismissed without prejudice.
Also before the Court is Mr. Whitney’s motion for leave to appeal in forma pauperis (Dkt.
No. 144). The Court denies Mr. Whitney’s motion as incomplete: Mr. Whitney did not provide a
certified copy of his prison account for the last six months within 30 days of filing the Notice of
Appeal. See 28 U.S.C. § 1915(g) (“A prisoner seeking to . . . appeal a judgment in a civil action
or proceeding without prepayment of fees or security therefor . . . shall submit a certified copy of
the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period
immediately preceding the filing of the complaint or notice of appeal, obtained from the
appropriate official of each prison at which the prisoner is or was confined.”). The Clerk of the
Court sent Mr. Whitney a copy of the required documentation on August 17, 2017 (Dkt. No. 140).

The Court directs the Clerk to resend Mr. Whitney a copy of the forms he needs to complete in
order to appeal in forma pauperis.
It is so ordered this 1st day of September, 2017.
__________________________________
Kristine G. Baker
United States District Judge

2