IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION JOHN MCALLISTER #263924 PLAINTIFF Vv. No. 4:22-cv-1047-DPM-JTK DEOSHA WHITE, Officer/Sheriff Deputy, Pulaski County Regional Detention Facility; NAWASKI CONNERS, Officer/Sheriff Deputy, Pulaski County Regional Detention Facility, VIRMESA JACKSON, Officer/Sheriff Deputy, Pulaski County Regional Detention Facility; ASIA CALLAWAY, Officer/Sheriff Deputy, Pulaski County Regional Detention Facility; DENA DENNIS, Officer/Sheriff Deputy, Pulaski County Regional Detention Facility; DENNIS PARKER, Officer/Sheriff Deputy, Pulaski County Regional Detention Facility; IGNACIO MADRIGAL, Officer/Sheriff Deputy, Pulaski County Regional Detention Facility; HUSSEIN, Officer/Sheriff Deputy, Pulaski County Regional Detention Facility; JAMIE JONES, Officer/Sheriff Deputy, Pulaski County Regional Detention Facility; and TENISHA CLARK, Officer/Sheriff Deputy, Pulaski County Regional Detention Facility DEFENDANTS

ORDER 1. The Court adopts Magistrate Judge Kearney’s unopposed partial recommendation, Doc. 36. Fed. R. Civ. P. 72(b) (1983 addition to

advisory committee notes). Hussein is dismissed as a defendant without prejudice. 2. On de novo review, the Court adopts Magistrate Judge Kearney’s recommendation, Doc. 39, and overrules McAllister’s objections, Doc. 40. Fed. R. Civ. P. 72(b)(3). McAllister argues that the grievance procedure was unavailable to him because certain prison officials denied him access to the kiosks. Doc. 40 at 1. But even if he was unable to file a grievance during certain prison officials’ shifts, that doesn’t mean the grievance procedure was completely unavailable to him. Ross v. Blake,

(2016). And the record reflects that McAllister filed grievances and other requests on the kiosk during the relevant time period. Doc. 34-4. 3. Motion for partial summary judgment, Doc. 32, partly granted and partly denied. McAllister’s claims related to 15 September 2022, 18 September 2022, 19 September 2022, 6 October 2022, 8 October 2022, 9 October 2022, 3 November 2022, and 4 November 2022 are dismissed without prejudice for failure to exhaust. His claims related to 16 October 2022, 17 October 2022, and 18 October 2022 go forward. So Ordered. Wipnsl, all f-. D.P. Marshall Jr. United States District Judge i Avyust 3023

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