Murphy et al v. Banks et al, No. 1:2015cv00033 - Document 85 (E.D. Ark. 2015)

Court Description: ORDER adopting 81 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; granting 75 motion for summary judgment. Plaintiffs' claims against Defendants Faust, Joseph Heier, Ming, West, and Cas e are DISMISSED without prejudice for failure to exhaust administrative remedies. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge J. Leon Holmes on 9/22/2015. (ks)

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Murphy et al v. Banks et al Doc. 85 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION LISA RYAN MURPHY, ADC # 760343; et al. v. PLAINTIFFS No. 1:15CV00033-JLH-JJV BANKS, Warden, Grimes Unit, ADC; 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. Defendants’ Motion for Summary Judgment (Doc. No. 75) is GRANTED. 2. Plaintiffs’ claims against Defendants Faust, Joseph Heier, Ming, West, and Case are DISMISSED without prejudice for failure to exhaust administrative remedies. 3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. SO ORDERED this 22nd day of September, 2015. ___________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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