SNODGRASS v. P. et al
| RALPH SNODGRASS |
| B. HURT, KING, ALS: P., SHANE, WARRMER, WESTSON and JACKSON |
| 1:2012cv01817 |
| December 13, 2012 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| Larry J. McKinney |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
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| Document Text |
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Filing
58
ORDER Following Pavey v. Conley Exhaustion Hearing - The Court finds that Defendants met their burden of proof for their failure to exhaust affirmative defense. Thus, Snodgrass' case is dismissed without prejudice. Snodgrass must exhaust his administrative remedies before he may pursue an action in federal court. ***SEE ORDER***. Signed by Magistrate Judge Tim A. Baker on 8/8/2014.(JKS)
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Filing
46
ORDER denying Defendants' 32 Motion for Summary Judgment. Exhaustion is a threshold matter that must be addressed prior to the merits of the case. If Defendants withdraw their affirmative defense, the case wil l proceed on the merits. Failing to file a reply to Snodgrass's response signals to the Court that Defendants may wish to withdraw their defense. If so, Defendants shall notify the Court and op posing counsel of their intention to withdraw this defense. The parties shall then confer and submit a Case Management Plan for review by April 2, 2014. Absent a withdrawal, the Court will hold a hearing to address exhaustion under Pavey v. Conley, 544 F.3d 739 (7th Cir. 2008). Defendants shall notify the Court of whether they intend to withdraw their affirmative defense by March 12, 2014. This matter is set for a hearing at 1:30 p.m. on April 28, 2014, in Room 238, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana, before Magistrate Judge Tim A. Baker (see Order for additional information). Signed by Magistrate Judge Tim A. Baker on 3/1/2014.(SWM)
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