IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION SAMUEL JAY LOVE PLAINTIFF ADC #168174

V. No. 3:23-cv-106-DPM

ALEXANDER DELGADO, Correctional Set., North Central Unit, ADC DEFENDANT ORDER On de novo review, the Court adopts Magistrate Judge Ervin’s recommendation, Doc. 19, and overrules Love’s objections, Doc. 20. Fed. R. Civ. P. 72(b)(3). Love does not dispute that he filed this case before grievance NC-23-165 was fully exhausted. He argues, without offering supporting evidence, that an ADC employee violated policy by opening his sealed appeal. But the undisputed facts show there was no violation. Doc. 16 at {§45-54. This is not a case where the grievance procedure was unavailable to Love. See Smith v. Andrews,

(8th Cir. 2023). This case will be dismissed without prejudice. So Ordered.

APyanshall □□ D.P. Marshall Jr. United States District Judge Al Searle 2023