Hamner v. Coleman, 5:18-cv-60-DPM. (2019)
Court: District Court, E.D. Arkansas
Number: infdco20190807652
Visitors: 21
Filed: Aug. 06, 2019
Latest Update: Aug. 06, 2019
Summary: ORDER D.P. MARSHALL, JR. , District Judge . On de nova review, the Court adopts Magistrate Judge Kearney's recommendation, No. 152, and overrules Hamner's objections, No. 153. FED. R. CIV. P. 72(b)(3). A clarification: Hamner argues that the recommendation analyzed the wrong Exhibit B. Compare No. 2 at 53-56, with No. 2 at 57. But the inmate request form Hamner cites doesn't help his case here; it isn't a grievance and therefore wasn't exhausted as to Coleman either. Most of Hamner
Summary: ORDER D.P. MARSHALL, JR. , District Judge . On de nova review, the Court adopts Magistrate Judge Kearney's recommendation, No. 152, and overrules Hamner's objections, No. 153. FED. R. CIV. P. 72(b)(3). A clarification: Hamner argues that the recommendation analyzed the wrong Exhibit B. Compare No. 2 at 53-56, with No. 2 at 57. But the inmate request form Hamner cites doesn't help his case here; it isn't a grievance and therefore wasn't exhausted as to Coleman either. Most of Hamner'..
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ORDER
D.P. MARSHALL, JR., District Judge.
On de nova review, the Court adopts Magistrate Judge Kearney's recommendation, No. 152, and overrules Hamner's objections, No. 153. FED. R. CIV. P. 72(b)(3). A clarification: Hamner argues that the recommendation analyzed the wrong Exhibit B. Compare No. 2 at 53-56, with No. 2 at 57. But the inmate request form Hamner cites doesn't help his case here; it isn't a grievance and therefore wasn't exhausted as to Coleman either.
Most of Hamner's claims against Coleman weren't properly exhausted. And on the few exhausted incidents, Hamner hasn't met proof with proof to show that the missed medication doses amounted to an Eighth Amendment violation. His claims against Coleman will therefore be dismissed with prejudice.
So Ordered.
Source: Leagle
