Carr v. McFadden et al, No. 4:2022cv00975 - Document 22 (E.D. Ark. 2023)

Court Description: ORDER adopting 20 Proposed Findings and Recommendations; granting Defendants 16 Shaquita McFadden, Denise Robinson, Mariah Daniels, Dennis Parker, and Artisha Grant's motion for summary judgment for failure to exhaust administrative remedies ; dismissing with prejudice 1 Complaint; certifying that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith; and denying as moot 21 motion to stay scheduling order. Signed by Judge Kristine G. Baker on 7/20/2023. (kdr)

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Carr v. McFadden et al Doc. 22 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION JUSTIN CARR, #207688 PLAINTIFF v. Case No. 4:22-cv-00975-KGB-JTK SHAQUITA MCFADDEN, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommendations (“Recommendations”) submitted by United States Magistrate Judge Jerome T. Kearney (Dkt. No. 20). Plaintiff Justin Carr has not filed any objections to the Recommendations, and the time for filing objections has passed. After careful consideration, the Court concludes that the Recommendations should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects (Id.). It is therefore ordered that: 1. Defendants Shaquita McFadden, Denise Robinson, Mariah Daniels, Dennis Parker, and Artisha Grant’s motion for summary judgment for failure to exhaust administrative remedies is granted (Dkt. No. 16). 2. Mr. Carr’s claims against defendants are dismissed without prejudice for failure to exhaust administrative remedies 3. Mr. Carr’s complaint is dismissed without prejudice (Dkt. No. 1). 4. The Court certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. 28 U.S.C. § 1915(a)(3). 5. The Court denies as moot the motion to stay scheduling order (Dkt. No. 21). Dockets.Justia.com So ordered this 20th day of July, 2023. ________________________________ Kristine G. Baker United States District Judge 2

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