IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION

JAMES McALPHIN ADC #88328 PLAINTIFF Vv. No. 5:18-cv-213-DPM-JTK KENNETH HOLDER,’ Doctor, ADC, East Arkansas Regional Unit; CORRECT CARE SOLUTIONS LLC; and RONALD STUKEY, Doctor DEFENDANTS

ORDER On de novo review, the Court adopts Magistrate Judge Kearney’s partial recommendation, Ne 73, and overrules McAlphin’s objections, Ne 74. FED. R. CIV. P. 72(b)(3)._ McAlphin believes that attempting to exhaust his remedies against CCS—or for a broader swath of time against Holder and Stukey —would have been futile. But that belief isn’t enough to excuse the statutory exhaustion requirement. Booth v. Churner,

, 741 n.6 (2001); Lyon v. Vande Krol,

(8th Cir. 2002). The motion for partial summary judgment, Ne 59, is therefore granted. McAlphin’s claims against CCS are dismissed without prejudice. His claims against Holder and Stukey are limited to

* The Court directs the Clerk to update Holder’s and Stukey’s names on the docket.

those exhausted in Grievances VSM 17-1242 and VSM 17-1718. Ne 61-1 at 92-95 & 99-101. So Ordered.

D.P. Marshall Jr. United States District Judge In S¢otturhen Ao?

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