Fletcher v. Kelly et al, No. 5:2016cv00201 - Document 23 (E.D. Ark. 2016)

Court Description: ORDER adopting 22 proposed findings and recommendations in their entirety; granting defendant Joshua Mayfield's 18 motion for summary judgment; and dismissing Mayfield from this action without prejudice. It is further certified that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 11/23/2016. (rhm)

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Fletcher v. Kelly et al Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BILLY FLETCHER ADC #139682 v. PLAINTIFF CASE NO. 5:16-CV-00201 BSM WENDY KELLY, Director, Arkansas Department of Correction; et al. DEFENDANTS ORDER The proposed findings and recommendations [Doc. No. 22] submitted by United States Magistrate Judge Joe J. Volpe have been received. No objections have been filed by plaintiff Billy Fletcher. After careful consideration, the proposed findings and recommendations are adopted in their entirety. Accordingly, defendant Joshua Mayfield’s motion for summary judgment [Doc. No. 18] is granted, and Mayfield is dismissed from this action without prejudice due to Fletcher’s failure to exhaust his administrative remedies against him. It is further certified that an in forma pauperis appeal from this order would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). IT IS SO ORDERED this 23rd day of November 2016. ________________________________ UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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