Grady v. Kelley et al

Filing 61

ORDER ADOPTING 59 Proposed Findings and Recommended Disposition. The Clerk is directed to 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, Rodney Brown, James Plummer, Phillip Easaw, Flora Washington, Michael Demery, Cedric Foots, Tonda Spencer, Faye Pittman, Gloria Thompson, and Gladys Evans. 49 Defendants' Motion for Parti al Summary Judgment is granted; Plaintiff's claims against Defendants Kelley, Reed, Payne, Watson, Gibson, Emsweller, McHan, Cashion, Harris, Stephens, Brown, Demery, Spencer, King, Pittman, Thompson, Evans, and Piggee are dismissed without pr ejudice for failure to exhaust administrative remedies. Plaintiff's claims against Defendants Budnik, Bolden, Plummer, Easaw, Washington, and Foots 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 adopting the recommendations would not be taken in good faith. Signed by Judge James M. Moody Jr. on 3/13/2018. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ROMIE GRADY
ADC #100730
v.

PLAINTIFF

5:17CV00273-JM-JJV

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

DEFENDANTS
ORDER

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

After carefully

considering the objections and making a de novo review of the record, the Court concludes that
the Proposed Findings and 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, Rodney Brown, James Plummer, Phillip
Easaw, Flora Washington, Michael Demery, Cedric Foots, Tonda Spencer, Faye Pittman, Gloria
Thompson, and Gladys Evans.
2.

Defendants’ Motion for Partial Summary Judgment (Doc. No. 49) is GRANTED.

3.

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

Emsweller, McHan, Cashion, Harris, Stephens, Brown, 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.

1

4.

Plaintiff’s claims against Defendants Budnik, Bolden, Plummer, Easaw,

Washington, and Foots 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 the recommendations would not be taken in good faith.
DATED this 13th day of March, 2018.

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

2