Nance v. Kelley et al

Filing 50

ORDER Adopting 48 Proposed Findings and Partial Recommended Disposition. The Clerk is ordered to amend the docket to reflect the full and correct names of Defendants Randall Watson, James Gibson, Antwone Emsweller, Tony McHan, Mark Cashion, Chri stopher Budnik, Kennie Bolden, Mark Stephens, James Plummer, Flora Washington, Michael Demery, Tonda Spencer, Faye Pittman, Gloria Thompson, and Gladys Evans. Defendants' 44 Motion for Partial Summary Judgment is granted. Plaintiff's claims against Defendants Kelley, Reed, Payne, Gibson, Emsweller, Cashion, Budnik, Bolden, Plummer, Demery, Spencer, King, Pittman, Thompson, Evans, and Piggee are dismissed without prejudice for failure to exhaust administrative remedies. These Def endants are dismissed from this cause of action. Plaintiff's claims against Defendants Watson, McHan, Stephens, and Washington for the denial of media and the denial of personal property during relief periods are dismissed without prejudice for failure to exhaust administrative remedies. 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 3/19/2018. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TOMLIN NANCE
ADC #115853
v.

PLAINTIFF

5:17CV00271-JM-JJV

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

DEFENDANTS
ORDER

The Court has 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, 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: Randall Watson, James Gibson, Antwone Emsweller, Tony McHan, Mark Cashion,
Christopher Budnik, Kennie Bolden, Mark Stephens, James Plummer, Flora Washington, Michael
Demery, Tonda Spencer, Faye Pittman, Gloria Thompson, and Gladys Evans. (Doc. Nos. 11 at
1, 42 at 1.)
2.

Defendants’ Motion for Partial Summary Judgment (Doc. No. 44) is GRANTED.

3.

Plaintiff’s claims against Defendants Kelley, Reed, Payne, Gibson, Emsweller,

Cashion, Budnik, Bolden, Plummer, Demery, Spencer, King, Pittman, Thompson, Evans, and
Piggee are DISMISSED without prejudice for failure to exhaust administrative remedies, and these
Defendants are dismissed from this cause of action.

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4.

Plaintiff’s claims against Defendants Watson, McHan, Stephens, and Washington

for the denial of media and the denial of personal property during relief periods are DISMISSED
without prejudice for failure to exhaust administrative remedies.
5.

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

appeal from this Order adopting these recommendations would not be taken in good faith.
DATED this 19th day of March, 2018.

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

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