Bone v. Weeks et al, No. 5:2015cv00384 - Document 28 (E.D. Ark. 2017)

Court Description: ORDER approving and adopting 7 25 first and second Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing with prejudice Defendant Arkansas Department of Correction; dismissing without pr ejudice defendant Weeks; and granting defendants' 20 motion for summary judgment dismissing without prejudice this case as to the remaining defendants due to Mr. Bones's failure to exhaust his administrative remedies. Signed by Judge Kristine G. Baker on 02/27/2017. (rhm)
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Bone v. Weeks et al Doc. 28 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION STEPHEN JAMES BONE ADC #160527 PLAINTIFF Case No. 5:15-cv-00384-KGB-JTK BENJAMIN WEEKS, et al. DEFENDANTS ORDER The Court has reviewed the first Proposed Findings and Recommendations submitted by United States Magistrate Judge Jerome T. Kearney and the second Proposed Findings and Recommendations submitted by United States Magistrate Judge Jerome T. Kearney (Dkt. Nos. 7, 25). Plaintiff Stephen James Bone has filed no objections to the first or second Proposed Findings and Recommendations, and the time for filing objections has passed. After careful consideration of the first and second Proposed Findings and Recommendations, the Court concludes that both the first and second Proposed Findings and Recommendations should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects (Dkt. Nos. 7, 25). Therefore, the Court dismisses with prejudice defendant Arkansas Department of Correction for Mr. Bones’s failure to state a claim against the Arkansas Department of Correction upon which relief may be granted (Dkt. No. 7), dismisses without prejudice defendant Weeks for Mr. Bones’s failure to state a claim against defendant Weeks upon which relief may be granted (Dkt. No. 7), and grants defendants’ motion for summary judgment dismissing without prejudice this case as to the remaining defendants due to Mr. Bones’s failure to exhaust his administrative remedies (Dkt. No. 20). Dockets.Justia.com So ordered this 27th day of February, 2017. _______________________________ Kristine G. Baker United States District Judge 2