Woods v. Cook et al

Filing 55

ORDER approving and adopting the 29 the Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; directing the Clerk to amend the docket to reflect the full and correct names of defendants Jared Byers and Vernon Robertson; granting 23 Defendants' motion for partial summary judgment on exhaustion; dismissing without prejudice Plaintiff Demetrius Woods' claims against separate defendant Vernon Robertson for failure to exhaust administra tive remedies; denying at this time 23 at 2 Defendants' motion for an extension of time to file dispositive motions on the issue of exhaustion; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 7/13/2017. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DEMETRIUS LEKI WOODS
ADC #108514
v.

PLAINTIFF

Case No. 5:17-cv-00023-KGB/JJV

PAMELA F. COOK,
Correctional Sergeant; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommendations submitted by United
States Magistrate Judge Joe J. Volpe (Dkt. No. 29). No objections have been filed. After careful
consideration, the Court concludes that the Proposed Findings and Recommendations should be,
and hereby are, approved and adopted in their entirety as this Court’s findings in all respects (Dkt.
No. 29).
It is therefore ordered that:
1.

The Clerk amend the docket to reflect the full and correct names of defendants Jared

Byers and Vernon Robertson (Dkt. No. 12, at 1).
2.

Defendants’ motion for partial summary judgment on exhaustion is granted (Dkt.

No. 23).
3.

Plaintiff Demetrius Woods’ claims against separate defendant Vernon Robertson

are dismissed without prejudice for failure to exhaust administrative remedies.
4.

Defendants’ motion for an extension of time to file dispositive motions on the issue

of exhaustion in the light of the expected addition of a new defendant is premature and is denied
at this time (Dkt. No. 23, at 2).

5.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order would not be taken in good faith.
So ordered this the 13th day of July, 2017.
________________________________
Kristine G. Baker
United States District Court

2