Perry v. Kelley et al

Filing 58

ORDER Adopting 53 Proposed Findings and Recommended Partial Disposition. The Clerk is directed to amend the docket to reflect the full and correct names of Defendants as follows: Tony McHan, Mark Cashion, Christopher Budnik, Kennie Bolden, Jame s Plummer, Flora Washington, Michael Demery, Tonda Spencer, Faye Pittman, Gloria Thompson, and Gladys Evans. Defendants' 47 Motion for Partial Summary Judgment is granted. Plaintiff's claims against Defendants Budnik, Demery, Evans, Kelley, Payne, Piggee, Reed, Thompson, Washington, Cashion, Bolden, King, Pittman, Plummer, and Spencer are dismissed without prejudice. Plaintiff's claims against Defendant McHan for the denial of media and the denial of personal property are dismissed without prejudice. Plaintiff's claim against Defendant Harris for the denial of media is dismissed without prejudice. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 1/22/2018. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ZECKEYA PERRY
ADC #156241
v.

PLAINTIFF

5:17CV00269-JM-JJV

WENDY KELLEY, Director,
Arkansas Department of Correction; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Partial Disposition
submitted by United States Magistrate Judge Joe J. Volpe.

No objections have been filed.

After

careful consideration, the Court concludes that the Proposed Findings and Partial Recommended
Disposition should be, and hereby are, approved and adopted in their entirety as this Court's
findings in all respects.
IT IS, THEREFORE, ORDERED that:
1.

The Clerk amend the docket to reflect the full and correct names of Defendants as

follows: Tony McHan, Mark Cashion, Christopher Budnik, Kennie Bolden, James Plummer,
Flora Washington, Michael Demery, Tonda Spencer, Faye Pittman, Gloria Thompson, and Gladys
Evans. (Doc. No. 44 at 1.)
2.

Defendants’ Motion for Partial Summary Judgment (Doc. No. 47) is GRANTED.

3.

Plaintiff’s claims against Defendants Budnik, Demery, Evans, Kelley, Payne,

Piggee, Reed, Thompson, Washington, Cashion, Bolden, King, Pittman, Plummer, and Spencer
are DISMISSED without prejudice for failure to exhaust administrative remedies.
4.

Plaintiff’s claims against Defendant McHan for the denial of media and the denial

of personal property are DISMISSED without prejudice for failure to exhaust administrative

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remedies.
5.

Plaintiff’s claim against Defendant Harris for the denial of media is DISMISSED

without prejudice for failure to exhaust administrative remedies.
6.

The Court certifies, 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.
DATED this 22nd day of January, 2018.

_______________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

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