Love, Jr. v. Merchant et al

Filing 24

ORDER ADOPTING 22 REPORT AND RECOMMENDATIONS; granting 14 Motion for Summary Judgment. All claims against Defendant Wise are DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on February 7, 2024.(mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION CHRISTOPHER LOVE, JR. v. PLAINTIFF Case No. 4:23-cv-04038 SERGEANT MERCHANT; and CAPTAIN JAMES WISE DEFENDANTS ORDER Before the Court is a Report and Recommendation issued by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 22. Judge Bryant recommends that Defendants’ Partial Motion for Summary Judgment (ECF No. 14) be granted and all claims against Defendant Wise be dismissed for failure to exhaust administrative remedies. Plaintiff filed a response stating that he does not wish to file an objection to the Report and Recommendation. ECF No. 23. Upon review, finding that there is no clear error on the face of the record and that Judge Bryant’s reasoning is sound, the Court adopts the Report and Recommendation (ECF No. 22) in toto. Defendants’ Partial Motion for Summary Judgment (ECF No. 14) is hereby GRANTED and all claims against Defendant Wise are hereby DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED, this 7th day of February, 2024. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge

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