Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Stroup v. Kelley

United States District Court, E.D. Arkansas, Pine Bluff Division

January 28, 2019

KENNETH STROUP ADC #500510 PLAINTIFF
v.
WENDY KELLEY, Director, Arkansas Department of Correction; et al. DEFENDANTS

          PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS

          Joe J. Volpe, United states magistrate judge.

         The following recommended disposition has been sent to United States District Judge James M. Moody, Jr. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.

         If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The details of any testimony desired to be introduced at the new hearing in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the new hearing.

         From this submission, the District Judge will determine the necessity for an additional evidentiary hearing. Mail your objections and “Statement of Necessity” to:

Clerk, United States District Court Eastern District of Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR 72201-3325

         DISPOSITION

         I. INTRODUCTION

         Kenneth Stroup (“Plaintiff”) is incarcerated at the Varner Unit of the Arkansas Department of Correction (“ADC”) and filed this action pro se pursuant to 42 U.S.C. § 1983. (Doc. No. 1.) In his Complaint, he alleges, inter alia, that Defendant Does, Warden James Gibson, Deputy Warden Jared[1] Byers, and Director Wendy Kelley subjected him to excessive force on September 28, 2017. (Id.) He also sues Defendants for “improper training.” (Id. at 4.) Plaintiff seeks compensatory and punitive damages as well as injunctive relief. (Id. at 7.)

         Defendants Kelley, Gibson, and Byers have now filed a Motion for Summary Judgment, contending Plaintiff failed to exhaust his administrative remedies before filing his lawsuit. (Doc. Nos. 18-20.) Plaintiff responded by moving for a voluntary dismissal and admitting he “did miss a step in the administrative remedies [] due to [his] lack of knowledge in the law and little to no assistance from the institution and because of [his] indigent status [he] cannot afford a lawyer. . ..” (Doc. No. 21.)

         After careful review, and for the following reasons, I find the Motion for Summary Judgment should be GRANTED and this cause of action should be dismissed without prejudice. I further find Plaintiff's Motion to Dismiss should be DENIED.

         II. SUMMARY ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.