Williams v. Kelley, No. 5:2016cv00254 - Document 48 (E.D. Ark. 2017)

Court Description: ORDER Adopting 47 Proposed Findings and Recommendations. The 37 Motion for Summary Judgment is granted, and Budnik and Kelley are dismissed without prejudice for failure to exhaust. Defendant Price is dismissed with prejudice for failure to state a claim upon which relief may be granted. Plaintiff's 25 and 29 Motions for Default Judgment are denied as moot. Signed by Judge James M. Moody Jr. on 6/27/2017. (mcz)
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Williams v. Kelley Doc. 48 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TERENCE D. WILLIAMS, ADC #147749 PLAINTIFF 5:16CV00254-JM-JTK WENDY KELLEY, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. There have been no objections. After a review of those proposed findings and recommendations, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. The Motion for Summary Judgment filed by Defendants Budnik and Kelley (Doc. No. 37) is GRANTED, and Budnik and Kelley are DISMISSED without prejudice for failure to exhaust. 2. Defendant Price is DISMISSED with prejudice, for failure to state a claim upon which relief may be granted. 3. Plaintiff’s Motions for Default Judgment (Doc. Nos. 25, 29) are DENIED as moot. An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 27th day of June, 2017. _________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com