COTTMAN v. ZATECKY et al
| JOSEPH COTTMAN |
| DUSHAN ZATECKY, THOMAS RICHARDSON, DENNIS DAVIS and JEFF BALLENGER |
| 1:2013cv01793 |
| November 8, 2013 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
52
ENTRY DISCUSSING REQUEST TO PROCEED ON APPEAL IN FORMA PAUPERIS - The plaintiff's motion 46 is granted in part, that is, with respect to the issue of whether the plaintiff failed to exhaust available adminsitrative remedies regarding his claim of denial of access to the courts. The plaintiff's motion 46 is denied in all other respects. The plaintiff is assessed an initial partial filing fee of $14.32. He shall have through 10/1/2014, in which to pay this sum to the clerk of the district court. (USCA #14-2894). Signed by Judge Jane Magnus-Stinson on 8/27/2014. (JLM)
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Filing
42
ENTRY Sustaining Affirmative Defense of Failure to Exhaust Available Administrative Remedies and Directing Entry of Final Judgment: This is a civil rights action brought pursuant to 42 U.S.C. § 1983 by Joseph Cottma n, an inmate at the Pendleton Correctional Facility ("Pendleton"), alleging denial of access to the courts. Mr. Cottman alleges that he was not provided library passes and access to his legal mater ials from March through May of 2013. The two remaining defendants are Unit Manager Thomas Richardson and Counselor Jeff Ballenger. The defendants asserted as an affirmative defense their contention that Mr. Cottman failed to comply with the exhaustion requirement of the Prison Litigation Reform Act ("PLRA"). The defendants reported that this affirmative defense was n ot amenable to resolution through summary judgment. For the reasons explained in this Entry, the Court finds that the defendants met their burden of proof and showed that Mr. Cottman failed to exhaust his administrative remedies prior to filing this lawsuit. Judgment consistent with this Entry and with the Entry of December 12, 2013, dismissing other defendants, shall now issue (see Entry for further details). Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 8/5/2014.(SWM)
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Filing
6
ENTRY - The claim against Superintendent Zatecky is dismissed. The claim against Correctional Officer Dennis Davis is dismissed. DENNIS DAVIS and DUSHAN ZATECKY terminated. The claims of denial of access to the courts asserted against defendan ts Counselor Thomas Richardson and Counselor Jeff Ballenger shall proceed. The clerk shall issue and serve process on defendants Counselor Thomas Richardson and Counselor Jeff Ballenger in the manner specified by Fed. R. Civ. P. 4(d) (2). Process in this case shall consist of the complaint filed on November 8, 2013, applicable forms, and this Entry. Signed by Judge Jane Magnus-Stinson on 12/12/2013. (copies sent via US Mail as directed)(JKS)
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