-SPS Cathey v. Jones et al, No. 6:2010cv00220 - Document 119 (E.D. Okla. 2012)

Court Description: OPINION AND ORDER by Judge Ronald A. White : The defendants motion for summary judgment 86 is GRANTED with respect to plaintiffs exhausted claims that were the subject of Grievances ARA 08-046 and ARA 08-1585, and those claims are DISMISSED WITH PR EJUDICE. The defendants motion also is GRANTED with respect to plaintiffs misconduct conviction, and that claim is DISMISSED WITHOUT PREJUDICE. The defendants motion for dismissal of plaintiffs unexhausted claims, pursuant to 42 U.S.C. § 1997e (a), is DENIED WITHOUT PREJUDICE. Plaintiffs motion for a temporary injunction 110 is DENIED WITH PREJUDICE. Plaintiff is directed to submit a second amended complaint within thirty (30) days in conformance with the instructions set forth in this Opinion and Order. Failure to comply may result in dismissal of this action. (acg, Deputy Clerk)