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Case 2:12-cv-00229-DPM-JTR Document 92 Filed 10/01/13 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

EASTERN DIVISION

DEVERICK SCOTT
ADC #131042

PLAINTIFF

v.

No. 2:12-cv-229-DPM-JTR

DANNY BURL, Warden, East Arkansas
Regional Unit, ADC; DEXTER PAYNE, Assistant
Warden, East Arkansas Regional Unit, ADC;
TODD BALL, Assistant Warden, East Arkansas
Regional Unit, ADC; TYRONE WASHINGTON,
Lieutenant, East Arkansas Regional Unit, ADC;
ROOSEVELT BARDEN, Officer, East Arkansas
Regional Unit, ADC; JANICE BOGAN-HALL,
Officer, East Arkansas Regional Unit, ADC;
TIFFANY SPARKMAN, Officer, East Arkansas
Regional Unit, ADC; ZONNIE BURNELL, Nurse,
East Arkansas Regional Unit, ADC; STORM!
SHERMAN, Nurse; GERALDINE CAMPBELL,
Nurse, East Arkansas Regional Unit, ADC;
CHARLOTTE GARDNER, Grievance Officer,
East Arkansas Regional Unit, ADC; CORIZON
INC.; WENDY KELLEY, Assistant Director, ADC;
and DEBRA HORTON, Medical Grievance Officer,
East Arkansas Regional Unit, ADC

DEFENDANTS

ORDER

The Court has considered Magistrate Judge J. Thomas Ray's Proposed

Findings and Partial Recommended Disposition, NQ 91. Scott has not objected.

On review for clear error of fact on the face of the record and legal error,

Case 2:12-cv-00229-DPM-JTR Document 92 Filed 10/01/13 Page 2 of 2

FED. R. CIV. P. 72(b)(3) (1983 Addition to Advisory Committee Note), the

Court adopts Judge Ray's recommendation as its own. Defendants' motion

for summary judgment, NQ 73, is granted in part and denied in part. Scott's

claim against Charlotte Gardner is dismissed without prejudice for failure to

properly exhaust his administrative remedies. 42 U.S.C. § 1997e(a). All

Scott's claims against the other Defendants remain. An in forma pauperis

appeal from this Order would not be taken in good faith.

So Ordered.

D.P. Marshall Jr.
United State District Judge

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