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Moore v. Cook, 5:16-cv-269-DPM. (2017)

Court: District Court, E.D. Arkansas Number: infdco20171226353 Visitors: 4
Filed: Dec. 22, 2017
Latest Update: Dec. 22, 2017
Summary: ORDER D.P. MARSHALL, JR. , District Judge . On de novo review, the Court adopts the recommendation, No 41, and overrules Moore's objections, No 45. FED. R. Crv. P. 72(b)(3). Moore didn't properly exhaust his administrative remedies; and "special circumstances" can't excuse his failure to exhaust. Ross v. Blake, 136 S.Ct. 1850 , 1862 (2016). Motion for summary judgment, No 34, granted. Moore's remaining claims will be dismissed without prejudice. An in forma pauperis appea
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ORDER

On de novo review, the Court adopts the recommendation, No 41, and overrules Moore's objections, No 45. FED. R. Crv. P. 72(b)(3). Moore didn't properly exhaust his administrative remedies; and "special circumstances" can't excuse his failure to exhaust. Ross v. Blake, 136 S.Ct. 1850, 1862 (2016). Motion for summary judgment, No 34, granted. Moore's remaining claims will be dismissed without prejudice. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. 28 U.S.C. § 1915(a)(3).

So Ordered.

Source:  Leagle

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