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)

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.

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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