Radford v. Brooks et al

Filing 47

ORDER Adopting 42 Proposed Findings and Partial Recommended Disposition, in all respects. The Clerk is to amend the docket to reflect the full and correct names of Defendants Shana Whitmore and Cyndella Wooten. ADC Defendants' 31 Motion for Summary Judgment is granted. Plaintiff's claims against them are dismissed without prejudice for failure to exhaust administrative remedies. The Medical Defendants' 34 Motion for Partial Summary Judgment is granted, and Plaintiff's claims against them are limited to the incidents raised in the 6 exhausted grievances. I certify that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 8/30/2017. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TOMMY RADFORD
ADC #89900
v.

PLAINTIFF

5:17CV00116-BRW-JJV

VIVIAN BROOKS, LPN,
Tucker Maximum Security Unit; et al.

DEFENDANTS
ORDER

I have reviewed the Proposed Findings and Partial Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful
consideration, I approve and adopt the Proposed Findings and Partial Recommended Disposition
in all respects.
Accordingly, the Clerk amend the docket to reflect the full and correct names of
Defendants Shana Whitmore and Cyndella Wooten. (Doc. No. 7 at 1.)
ADC Defendants’ Motion for Summary Judgment (Doc. No. 31) is GRANTED and
Plaintiff’s claims against them are DISMISSED without prejudice for failure to exhaust
administrative remedies.
The Medical Defendants’ Motion for Partial Summary Judgment (Doc. No. 34) is
GRANTED and Plaintiff’s claims against them are limited to the incidents raised in the six
exhausted grievances.
I certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this
Order adopting the recommendations would not be taken in good faith.
IT IS SO ORDERED this 30th day of August, 2017.

/s/ Billy Roy Wilson ______________
UNITED STATES DISTRICT JUDGE