HYDE v. EVANS

No. 1:17CV00017 BRW/PSH.

CHARLES HYDE, ADC #163835, Plaintiff, v. MARVIN EVANS, et al., Defendants.

United States District Court, E.D. Arkansas, Northern Division.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 555 Prison Condition: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Charles Hyde, Plaintiff, Pro Se.

Marvin Evans, Defendant, represented by Vincent P. France , Arkansas Attorney General's Office.

Michael Morris, Defendant, represented by Vincent P. France , Arkansas Attorney General's Office.

Timothy L Johnson, Defendant, represented by Vincent P. France , Arkansas Attorney General's Office.

Maurice D Culclager, Defendant, represented by Vincent P. France , Arkansas Attorney General's Office.


PROPOSED FINDINGS AND RECOMMENDATION

PATRICIA S. HARRIS, Magistrate Judge.

INSTRUCTIONS

The following Proposed Findings and Recommendation have been sent to United States District Judge Billy Roy Wilson. You may file written objections to all or part of this Recommendation. If you do so, those objections must: (1) specifically explain the factual and/or legal basis for your objection; and (2) be received by the Clerk of this Court within fourteen (14) days of this Recommendation. By not objecting, you may waive the right to appeal questions of fact.

DISPOSITION

Plaintiff Charles Hyde filed a pro se complaint, pursuant to 42 U.S.C. § 1983, on March 27, 2017 (Doc. No. 2). On May 8, 2017, Hyde moved to voluntarily dismiss his case to allow him time to exhaust certain administrative procedures (Doc. No. 14). Defendants filed a response on May 10, 2017, requesting that the case be dismissed with prejudice in order to conserve judicial resources (Doc. No. 16). Defendants argue that Hyde can no longer exhaust his administrative remedies with respect to the incident he complains of in this lawsuit. While that may be correct as a practical matter, the Court finds there is insufficient cause to dismiss this case with prejudice.

IT IS THEREFORE RECOMMENDED THAT Hyde's Motion to Dismiss (Doc. No. 14) be GRANTED, and his complaint (Doc. No. 2) be DISMISSED WITHOUT PREJUDICE.


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