BUTLER v. JOHNSON et al
| STACY L. BUTLER |
| C.O. M. DIEODORFF, FEDERAL B.O.P., L.T. HOWARD, LT. B. JOHNSON, WARDEN H. J. MARBERRY, C.O. B. MOSS, MICHAEL K. NALLEY and C.O. PRITTCARD |
| 1:2010cv01127 |
| September 7, 2010 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
103
ENTRY DISCUSSING STATUTE OF LIMITATIONS AND DIRECTING ENTRY OF FINAL JUDGMENT - Mr. Butler has not been prejudiced by the severance of certain claims. The fact remains that his claim Defendants used excessive force against him on June 25, 2008, and subsequently subjected him to an unconstitutional meal regimen between July 10 and July 26, 2008, is barred by the statute of limitations. Mr. Butler has not presented any basis upon which the Court could conclude otherwise. Accordingly, Defendant s are entitled to summary judgment on their affirmative defense that the claims against them are barred by the statute of limitations. Judgment dismissing this action with prejudice shall now issue. Signed by Judge Tanya Walton Pratt on 12/19/2013. Copy Mailed. (JD)
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Filing
97
ORDER denying 75 Motion for Reconsideration. Order granting 77 84 and 85 Motion to address the court. Order granting 93 Motion for a copy of the docket sheet. And order denying as moot 95 Motion in opposition to stay as the stay was appropriate and has now been lifted. Signed by Judge Tanya Walton Pratt on 10/23/2013 (copy sent to Stacy Butler) (CBU)
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Filing
74
ENTRY - The motion to dismiss based on the statute of limitations (Dkt. 49 ) is DENIED. The motion for summary judgment based on Mr. Butler's asserted failure to exhaust available administrative remedies (Dkt. 49 ) is DENIED. The parties are notified of the Court's intention to grant summary judgment to the plaintiff on the affirmative defense that Mr. Butler failed to exhaust his available administrative remedies. The parties shall have through April 11, 2013, by which to file any response to the Court's proposal to grant summary judgment in favor of non-movant Mr. Butler on the Defendants' affirmative defense of exhaustion. In the alternative, Defendants may withdraw their affirmative defense. Signed by Judge Tanya Walton Pratt on 3/21/2013. Copy Mailed. (JD)
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Filing
72
ENTRY SEVERING MISJOINED CLAIMS - The claims against Lt. B. Johnson, C.O. B. Moss, and C.O. Pritchard are severed from the original complaint. A new civil action shall be opened. All claims against Lt. B. Johnson, C.O. B. Moss, and C.O. Pritcha rd are DISMISSED without prejudice. Defendants, Lt. B. Johnson, C.O. B. Moss, and C.O. Pritchard, are terminated as parties in this action. The action, Case No. 1:10-cv-1127-TWP-DML, shall proceed as to Lt. Howard and C.O. Dierdorf. In due course, the Court will issue a ruling on the Motion to Dismiss and/or Motion for Summary Judgment and supporting materials (Dkts 49, 50, and 51); the Response to Plaintiff's Motion for Summary Judgment (Dkt 53); and the reply in support of the motion for summary judgment (Dkt 56) with respect to the claims against Lt. Howard and C.O. Dierdorf. Signed by Judge Tanya Walton Pratt on 3/18/2013. Copy Mailed.(JD)
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Filing
62
ENTRY denying 47 Motion for Summary Judgment. Signed by Judge Tanya Walton Pratt on 11/20/2012. Copy Mailed. (JD)
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Filing
59
ENTRY - Plaintiff's 34 MOTION for Court Order to Official for a Release of Property is DENIED. Defendant's 52 MOTION to Strike 45 Amended Complaint is GRANTED. Signed by Judge Tanya Walton Pratt on 9/19/2012. Copy Mailed. (JD)
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