John R. Butcher v. Dexter Payne, et al.

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION JOHN R. BUTCHER PLAINTIFF ADC #96352 v. Case No. 3:25-cv-00034-LPR-JTK DEXTER PAYNE, et al. DEFENDANTS ORDER The Court has received the Partial Recommended Disposition (PRD) submitted by United States Magistrate Judge Jerome T. Kearney (Doc. 80). No objections have been filed, and the time to do so has expired. After a de novo review of the PRD, along with careful consideration of the entire case record, the Court hereby approves and adopts the PRD as its findings and conclusions in all respects.' Accordingly, Defendant Payne’s Motion for Summary Judgment (Doc. 62) is GRANTED.

Plaintiff's claims against Defendant Payne are DISMISSED without prejudice based on Plaintiff's failure to exhaust his administrative remedies. The Clerk is directed to terminate Defendant Payne as a party to this action. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal of this Order would not be taken in good faith.

IT IS SO ORDERED this 6th day of March 2026.

LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE ' The heart of the PRD’s analysis (see Doc. 80 at 8) relies on the logic of Burns v. Eaton, 752 F.3d 1136, 1141-42 (8th Cir. 2014). The Court agrees that, as to the claim(s) against Defendant Payne, the logic of Burns v. Eaton is clearly applicable. Accordingly, the Hammett rule cannot save Plaintiffs failure to identify Defendant Payne (or his allegedly wrongful conduct) in the single exhausted grievance in this case. See Doc. 83 at n.1.