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Watkins v. Atkins, 5:19-cv-180-DPM-BD. (2019)

Court: District Court, E.D. Arkansas Number: infdco20191218a04 Visitors: 17
Filed: Dec. 13, 2019
Latest Update: Dec. 13, 2019
Summary: ORDER D.P. MARSHALL, JR. , District Judge . On de novo review, the Court adopts Magistrate Judge Deere's partial recommendation, N o 32, and overrules Watkins's objections, N o 37. FED. R. CIV. P. 72(b)(3). Watkins exhausted Grievance PB-18-149; but that grievance didn't mention Warden Lay and thus didn't exhaust any claims against him. N o 32 at 3 & N o 37 at 4. The motion for partial summary judgment, N o 27, is therefore granted. Watkins's claims agains
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ORDER

On de novo review, the Court adopts Magistrate Judge Deere's partial recommendation, No 32, and overrules Watkins's objections, No 37. FED. R. CIV. P. 72(b)(3). Watkins exhausted Grievance PB-18-149; but that grievance didn't mention Warden Lay and thus didn't exhaust any claims against him. No 32 at 3 & No 37 at 4. The motion for partial summary judgment, No 27, is therefore granted. Watkins's claims against Lay are dismissed without prejudice for failure to exhaust.

So Ordered.

Source:  Leagle

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