Herndon v. Byers et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
JOHN ELWAIN HERNDON 	PLAINTIFF
v. 	Case No. 6:23-cv-6140
WARDEN JARED BYERS,
Ouachita River Correctional Unit (ORCU);
LT. MONTGOMERY, ORCU; and
SGT. SUTTON, ORCU 	DEFENDANTS
ORDER
Before the Court is the Report and Recommendation filed January 22, 2025, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
ECF No. 26. Judge Bryant recommends that Defendants’ Motion for Summary Judgment (ECF
No. 19) be granted because Plaintiff failed to exhaust his administrative remedies in accordance
with 28 U.S.C. § 1997e(a). No party has filed objections to the Report and Recommendation, and
the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report
and Recommendation (ECF No. 26) in toto. 	Accordingly, the Motion for Summary Judgment
(ECF No. 19) is GRANTED. Plaintiff’s claims are dismissed without prejudice.
IT IS SO ORDERED, this 27th day of February, 2025.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
Case 6:23-cv-06140-SOH Document 27 Filed 02/27/25 Page 1 of 1 PageID #:
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