Ellis v. Rawson et al

Filing 58

ORDER approving and adopting 53 Recommendation as this Court's findings in all respects; granting 40 Defendants' motion for summary judgment on the issue of exhaustion; denying as moot 50 Mr. Ellis's motion for summary judgment; and dismissing, without prejudice, this lawsuit based on Mr. Ellis's failure to exhaust his administrative remedies. Signed by Judge Susan Webber Wright on 12/6/2017. (cmn)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TRAVIS HOMER ELLIS, JR ADC # 551269 V. PLAINITIFF CASE NO. 5:16-CV-373-SWW-BD JACOB RAWSON, et al. DEFENDANTS ORDER The Court has received a Recommended Disposition (“Recommendation”) from Magistrate Judge Beth Deere. After careful review of the Recommendation, Mr. Ellis’s timely objections, as well as a de novo review of the record, the Court concludes that the Recommendation should be, and hereby is, approved and adopted as this Court’s findings in all respects. Defendants’ motion for summary judgment on the issue of exhaustion (#40) is GRANTED. Mr. Ellis’s motion for summary judgment (#50) is DENIED, as moot. This lawsuit is DISMISSED, without prejudice, based on Mr. Ellis’s failure to exhaust his administrative remedies. IT IS SO ORDERED, this 6th day of December, 2017. /s/ Susan Webber Wright UNITED STATES DISTRICT JUDGE

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