United States District Court, E.D. Arkansas, Jonesboro Division
July 30, 2015
HERMAN H. LeFORS, JR. ODOC #112524, Plaintiff,
DAN LANGSTON, et al., Defendants.
KRISTINE G. BAKER, District Judge.
The Court has reviewed the Proposed Findings and Recommendations submitted by United States Magistrate Judge Joe J. Volpe (Dkt. No. 174). No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommendations should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.
It is therefore ordered that:
1. Defendants' motion for summary judgment is granted in part and denied in part (Dkt. No. 158). Defendants Dan Langston, John Calley, Ray Brandon, Chad Brandon, T. J. Underwood, and Sammie Johnson are dismissed without prejudice due to plaintiff's failure to exhaust administrative remedies against them. Defendants' request for a "with prejudice" dismissal is denied.
2. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith.