Wallace v. Kelley et al., No. 5:2013cv00155 - Document 73 (E.D. Ark. 2014)

Court Description: ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATIONS in their entirety; granting 59 MOTION for Summary Judgment filed by Estella Bland, Troy Moore, William Warren; denying 63 MOTION for Summary Judgment filed by Byron L Wallace; dismissing 2 Complaint against Defendant Warren without prejudice; and dismissing 2 Complaint against Defendants Bland and Moore with prejudice. Signed by Judge Susan Webber Wright on 05/07/2014. (rhm)

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Wallace v. Kelley et al. Doc. 73 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BYRON L. WALLACE, ADC #107098 PLAINTIFF 5:13CV00155-SWW-JTK WENDY KELLEY, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Defendants’ Motion for Summary Judgment (Doc. No. 59) is GRANTED. 2. Plaintiff’s Motion for Summary Judgment (Doc. No. 63) is DENIED. 3, Plaintiff’s Complaint against Defendant Warren is DISMISSED without prejudice, for failure to exhaust administrative remedies. 4. Plaintiff’s Complaint against Defendants Bland and Moore is DISMISSED with prejudice. An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 7th day of May, 2014. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com

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