Pollock v. Kelly et al

Filing 29

ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS; further GRANTING 20 Motion for Summary Judgment. This case is DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on February 13, 2017. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION

DON RICHARD POLLOCK
v.

PLAINTIFF
Civil No. 6:15-cv-06066

WENDY KELLY; and
MICHAEL LITTLETON

DEFENDANTS
ORDER

Before the Court is the Report and Recommendation filed January 19, 2017, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 28). Plaintiff filed a pro se action pursuant to 42 U.S.C. § 1983 on July 2, 2016,
alleging that his constitutional rights were violated because Defendants failed to protect him
from attack by a fellow inmate. (ECF No. 1).
Defendants filed a summary judgment motion on July 28, 2016. (ECF No. 20).
Defendants argue they are entitled to summary judgment because (1) Plaintiff failed to exhaust
his administrative remedies prior to filing suit; (2) Plaintiff failed to state a constitutional claim
against them; (3) Defendants are entitled to qualified immunity on the individual capacity
claims; and (4) Defendants are entitled to sovereign immunity on the official capacity claims.
Judge Bryant recommends that Defendants’ summary judgment motion should be granted
because Plaintiff failed to exhaust his administrative remedies pursuant to the Prison Litigation
Reform Act (PLRA), 42 U.S.C. § 1997(e)(a). In light of the foregoing, Judge Bryant did not
address Defendants’ other arguments in favor of summary judgment.
No party has filed objections to the Report and Recommendation, and the time to object
has passed.

See 28 U.S.C. § 636(b)(1).

Upon review, the Court adopts the Report and

Recommendation in toto. Accordingly, the Court finds that Defendants’ summary judgment

motion (ECF No. 20) should be and hereby is GRANTED. Plaintiff’s action is DISMISSED
WITHOUT PREJUDICE.
IT IS SO ORDERED, this 13th day of February, 2017.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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