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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?