McElroy v. Clarke et al

Filing 31

FINAL ORDER granting 22 Motion for Summary Judgment and dismissing this case without prejudice. Signed by Judge James P. Jones on 6/14/2017. (slt)

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  IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION   CARNELL D. MCELROY, SR., Plaintiff, v. HAROLD W. CLARKE, ETC., ET AL., Defendants. ) ) ) ) ) ) ) ) ) Case No. 7:16CV00245 FINAL ORDER By: James P. Jones United States District Judge For the reasons set forth in the Opinion accompanying this Final Order, it is ORDERED as follows: 1. The defendants’ Motion for Summary Judgment (ECF No. 22) is GRANTED on the ground that the plaintiff failed to exhaust administrative remedies as required under 42 U.S.C. § 1997e(a) as to his first three claims, and they are DISMISSED WITH PREJUDICE; 2. The plaintiff’s fourth claim, concerning the April 2016 finding that he was ineligible for reinstatement to the Common Fare until 2019, is DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915A(b)(1) for failure to state a claim; and 3. The plaintiff’s action is DISMISSED and the clerk shall close the case. ENTER: June 14, 2017 /s/ James P. Jones United States District Judge    

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