Coffey v. Kelley

United States District Court for the Eastern District of Arkansas

Coffey v. Kelley

Trial Court Opinion

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

KENNY LEE COFFEY ADC #086434 PLAINTIFF

Vv. No. 2:19-cv-90-DPM-BD

WENDY KELLEY, Director, Arkansas Department of Correction, et al. DEFENDANTS

ORDER The Court has received Coffey’s renewed requests for preliminary injunctive relief, Doc. 56,59 & 60. But if Coffey hasn’t exhausted his administrative remedies, as the most recent recommendation suggests, Doc. 54, then he can’t show a substantial likelihood of success on the merits. Dataphase Systems, Inc. v. C.L. Systems, Inc.,

640 F.2d 109, 114

(8th Cir. 1981). The Court will therefore withhold ruling on the new motions until Coffey files his objections to the recommendation. So Ordered.

D.P. Marshall Jr. United States District Judge 29 April 2020

Reference

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