McElroy v. Miners et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
JEREL MCELROY 	PLAINTIFF
v. 	Case No. 4:24-cv-04102
WARDEN JOHN K. MINERS; MAJOR
VICKY WALKER; LIEUTENANT SHARITA
DEDMON; JOHN AND JANE DOE EMPLOYEES
OF THE SWACCC MEDICAL DEPARTMENT;
DISCIPLINARY HEARING COMMITTEE; and
TINDA HODGE 	DEFENDANTS
ORDER
Before the Court is the Report and Recommendation filed on October 20, 2025, by the
Honorable Christy D. Comstock, United States Magistrate Judge for the Western District of
Arkansas. (ECF No. 35). Judge Comstock finds that Plaintiff has failed to demonstrate that he
properly exhausted his administrative remedies prior to bringing this action.1 	Thus, Judge
Comstock recommends that the Court grant the motion for summary judgment on exhaustion filed
by Defendants Dedmon, Hodge, Miners, and Walker,2 and dismiss this case without prejudice.
Plaintiff has not filed objections to the Report and Recommendation, and the time to object
has passed. See 28 U.S.C. § 636(b)(1). In the absence of objections, the Court finds no clear error
on the face of the record with respect to Judge Comstock’s recommendations and will adopt them.
Accordingly, the Court adopts the Report and Recommendation (ECF No. 35) in toto. Defendants’
motion for summary judgment (ECF No. 28) is hereby GRANTED. Plaintiff’s second amended
1 Defendants Dedmon, Hodge, Miners, and Walker state in their motion for summary judgment on exhaustion that
Plaintiff filed only one grievance during his time at SWACCC, which did not name any defendants in this case, was
rejected due to improper completion, and was not appealed. (ECF No. 30, at ¶ 16).
2 In her preservice review, Judge Comstock recommended that the other defendants, Defendants John and Jane Doe
and Disciplinary Hearing Committee, be dismissed without prejudice. (ECF No. 12). The Court adopted Judge
Comstock’s recommendations regarding Plaintiff’s claims against Defendants John and Jane Doe and Disciplinary
Hearing Committee and dismissed them from this case. (ECF No. 36).
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2
complaint is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED, this 27th day of March, 2025.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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