Russell v. Adams

Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

ERIC DEMOND RUSSELL PLAINTIFF

v. Case No. 4:22-cv-4035

CAPTAIN ADAMS; SERGEANT GOLDEN; and CORRECTIONAL OFFICER MRS. WATSON DEFENDANTS

ORDER

Before the Court is a Report and Recommendation (“R&R”) issued by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 72. Judge Bryant recommends that Defendants’ Motion for Summary Judgment (ECF No. 63) be granted and that Plaintiff’s remaining claim1 be dismissed without prejudice for failure to exhaust 0F his administrative remedies. Plaintiff has not filed an objection to Judge Bryant’s R&R, and the time to do so has passed. See 28 U.S.C. § 636(b)(1). Upon review, finding no clear error on the face of the record and that Judge Bryant’s reasoning is sound, the Court adopts the R&R (ECF No. 72) in toto. Defendants’ Motion for Summary Judgment (ECF No. 63) is hereby GRANTED. Plaintiff’s remaining claim against Defendants is hereby DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies.2 1F IT IS SO ORDERED, this 9th day of August, 2024.

/s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge

1 The Court previously dismissed Plaintiff’s claims One, Two, and Three, while permitting Claim Four to proceed. ECF No. 59. 2 Failure to exhaust administrative remedies as required by the Prison Litigation Reform Act results in dismissal without prejudice. See Muhammed v. Mayfield, 933 F.3d 993, 1003 (8th Cir. 2019).