Smith v. Tallant

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
CURTIS WAYNE DALE SMITH, JR. 	PLAINTIFF
v. 	Case No. 24-cv-4018
JANA TALLANT 	DEFENDANT
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. 17.
Judge Bryant recommends that Defendant’s Motion for Summary Judgment Regarding Failure to
Exhaust Administrative Remedies (ECF No. 11) should be denied because the record is
inconclusive as 	to 	whether 	Plaintiff 	appropriately 	exhausted 	his 	administrative remedies.
Defendant filed a timely objection, arguing that the record demonstrates that Plaintiff failed to
exhaust his administrative remedies prior to filing this action. ECF No. 19.
Upon de novo review, the Court hereby adopts Judge Bryant’s R&R (ECF No. 17) in toto.
Accordingly, Defendant’s Motion for Summary Judgment (ECF No. 11) is hereby DENIED.
IT IS SO ORDERED, this 20th day of March, 2025.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
Case 4:24-cv-04018-SOH-BAB Document 24 Filed 03/20/25 Page 1 of 1 PageID #:
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