IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

JASON DUANE EMERY ADC #510514 PLAINTIFF

V. No. 1:18-cv-98-DPM-PSH

WENDY KELLEY, Director, Arkansas Department of Correction; DEXTER PAYNE, Deputy Director, ADC; DeANGELO EARL, Warden, ADC Grimes Unit; and GAIL HOLLAND, ADC DEFENDANTS ORDER On de novo review, the Court declines the partial recommendation, Ne 30, and sustains the Defendants’ objections, Ne 31. FED. R. Civ. P. 72(b)(3). If Emery had gone after just “policy and procedure makers” or “ADC officials” in his grievances, then a response on the merits would have waived the Department’s exhaustion defense. Hammett v. Cofield,

(8th Cir. 2012). But here, each grievance named someone involved in the problem—Wendy Kelley —in addition to a catch-all reference to the unnamed folks. The Court concludes that these grievances weren’t so clearly flawed that addressing them on the merits amounted to a waiver. Cf. Burns v. Eaton,

(8th Cir. 2014). Emery therefore failed to exhaust his claims as to Payne, Earl, and Holland. Their motion for partial summary judgment, Ne 21, is

granted; and Emery’s claims against them are dismissed without prejudice. So Ordered. Pb oll p> D.P. Marshall Jr. United States District Judge [ee Sptemby 204

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