Nance v. Kelley et al

Filing 62

ORDER approving and adopting in their entirety 61 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; granting 58 Defendant Johnson's Motion for Partial Summary Judgment; directing the Clerk to amend the docket to reflect Defendant Roderick Johnson's full name; dismissing without prejudice Plaintiff's claims against Defendant Johnson for failure to exhaust administrative remedies and Defendant Johnson is dismissed from this action; and certifying that an in forma pauperis appeal from this Order adopting the recommendation would not be taken in good faith. Signed by Judge James M. Moody Jr. on 7/10/2018. (ljb)

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 Defendant Roderick Johnson’s full name.

(Doc. No. 55 at 1.)
2.

Defendant Johnson’s Motion for Partial Summary Judgment (Doc. No. 58) is

GRANTED.
3.

Plaintiff’s claims against Defendant Johnson are DISMISSED without prejudice

for failure to exhaust administrative remedies, and Defendant Johnson is dismissed from this
action.
4.

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 10th day of July, 2018.

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

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