Davis v. Andrews et al, No. 2:2016cv00120 - Document 47 (E.D. Ark. 2017)
Court Description: ORDER adopting 45 46 the proposed findings and recommendations in their entirety; granting 15 the partial motion to dismiss; dismissing with prejudice the claims for monetary relief against defendants Leon Graham and Jeremy Fryer in their official capacities; granting 19 the motion for summary judgment for Davis's failure to exhaust administrative remedies; and dismissing this case, without prejudice. Signed by Chief Judge Brian S. Miller on 1/20/2017. (kdr)
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Davis v. Andrews et al Doc. 47 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION WILLIE LEE DAVIS, JR. v. PLAINTIFF CASE NO. 2:16-CV-00120 BSM JEFFREY ANDREWS, et al. DEFENDANTS ORDER The proposed findings and recommendations submitted by United States Magistrate Judge Jerome T. Kearney [Doc. Nos. 45, 46] have been reviewed. Plaintiff Willie Lee Davis, Jr. has not filed objections. After reviewing the record, the proposed findings and recommendations are adopted in their entirety. Accordingly, defendant Jeffrey Andrews is dismissed without prejudice for Davis’s failure to obtain service. The partial motion to dismiss [Doc. No. 15] is granted, and the claims for monetary relief against defendants Leon Graham and Jeremy Fryer in their official capacities are dismissed with prejudice. Furthermore, the motion for summary judgment [Doc. No. 19] is granted for Davis’s failure to exhaust administrative remedies, and this case is dismissed without prejudice. IT IS SO ORDERED this 20th day of January 2017. ________________________________ UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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