TAYLOR v. CORIZON et al
| GREGORY A. TAYLOR |
| CORIZON and NURSE MCNEW |
| WVCF (Court Use Only) |
| 1:2017cv00551 |
| February 21, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Matthew P. Brookman |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
50
Entry Granting Motion for Summary Judgment on Defendants' Affirmative Defense of Exhaustion - Plaintiff Gregory A. Taylor, an offender incarcerated within the Indiana Department of Correction ("IDOC"), filed this lawsuit on February 21, 2017. Mr. Taylor alleges that on September 12, 2016, while an inmate at the New Castle Psychiatric Center, he broke his foot and defendant Nurse McNew refused to provide him appropriate care and delayed his access to medical treatment. He fur ther alleges that defendant Corizon failed to schedule and provide timely treatment for his foot injury. For the reasons explained in this Entry, Defendants' motion for summary judgment, dkt. 33 , is granted and Plaintiff's motion for p reliminary injunction, dkt. 27 , is denied as moot. Defendants have shown that Mr. Taylor did not exhaust his available administrative remedies prior to filing this lawsuit. The consequence of these circumstances, in light of 42 U.S.C. § 199 7e(a), is that this lawsuit should not have been brought and must now be dismissed without prejudice. See Ford, 362 F.3d at 401 (7th Cir. 2004)("We therefore hold that all dismissals under § 1997e(a) should be without prejudice."). The motion for summary judgment, dkt. 33 , is therefore granted. Because this action is dismissed, Mr. Taylor is not entitled to any relief and his motion for preliminary injunction, dkt. 27 , is denied as moot. Judgment consistent with this Entry shall now issue. (See Entry). Signed by Judge Jane Magnus-Stinson on 11/29/2017. (APD)
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