Poindexter v. Gibson

Filing 21

ORDER adopting in part 11 the recommended disposition; and dismissing with prejudice, this claim for failure to exhaust administrative remedies. Signed by Chief Judge Brian S. Miller on 7/6/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RUFUS POINDEXTER
ADC # 140873
v.

PLAINTIFF

CASE NO. 5:17-CV-00093 BSM

JOHNNY GIBSON

DEFENDANT
ORDER

The recommended disposition [Doc. No. 11] submitted by United States Magistrate
Judge Beth Deere and plaintiff Rufus Poindexter’s objections [Doc. Nos. 12, 13] thereto have
been received. After de novo review of the record, the recommended disposition is adopted
in part. Poindexter has brought this same claim against defendant Johnny Gibson previously,
and it was dismissed without prejudice for failure to exhaust administrative remedies. See
Poindexter v. Andrews et al., No. 5:16-CV-00244 KGB (E.D. Ark. Feb. 16, 2017), ECF No.
26. The accident Poindexter complains of occurred on September 23, 2014. He did not file
a grievance until October 11, 2016, well outside the time prescribed by the ADC’s grievance
procedure, and the merit of Poindexter’s grievance was not addressed because his grievance
was untimely. Doc. No. 16, at 21. Nothing has changed. Accordingly, this claim is
dismissed with prejudice for failure to exhaust administrative remedies.
IT IS SO ORDERED this 6th day of July 2017.

UNITED STATES DISTRICT JUDGE