BIBBS v. WERTMAN et al
| WILLIAM JEROME BIBBS |
| GORRIE, ROBERT KING, KOJIMAD, KARL SHULTZ, DANIEL WERTMAN and WILSON |
| 1:2016cv03338 |
| December 9, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
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Filing
76
ORDER granting Defendants' 50 Motion for Summary Judgment; granting 56 Motion for Summary Judgment. Defendants have shown that Mr. Bibbs did not exhaust his available administrative remedies prior to filing this lawsuit. The consequenc e of these circumstances, in light of 42 U.S.C. § 1997e(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 u nder § 1997e(a) should be without prejudice."). Defendant Wilson's motion for summary judgment, dkt. 50 , is granted and defendant Koj's motion for summary judgment, dkt. 56 , is granted. Mr. Bibb's Motion to Amend dkt. 67 and Dr. Koj's The Motion to Strike dkt. 70 are denied as moot. Judgment consistent with this Entry shall now issue. (See Order). Copy to Petitioner via U.S. Mail. Signed by Judge Tanya Walton Pratt on 3/26/2018. (MAC)
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Filing
43
ENTRY DISCUSSING PENDING MOTIONS- 38 Motion for Copies is granted. The clerk is directed to include a copy of docket numbers 12 and 23, along with the plaintiff's copy of this Entry. 41 Motion for Clerk's Entry of Default is denied. This is because the time to answer or otherwise respond to the complaint was extended through October 25, 2017. See Entry for details. Signed by Judge Tanya Walton Pratt on 9/28/2017. (Copy mailed to Plaintiff) (MEJ)
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Filing
13
ENTRY Screening Complaint and Directing Further Proceedings - The amended complaint, like the original complaint, lacks any facts upon which the court could conclude that any individual defendant was deliberately indifferent to the plaintiff's need for treatment. Accordingly, the individual defendants are dismissed. The complaint alleges a tort claim under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq. ("FTCA"). This claim is against the United States only. Hughes v. United States, 701 F.2d 56, 58 (7th Cir. 1982). The clerk is directed to update the docket to show that all other defendants have been dismissed. All other claims have been dismissed. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court he shall have through April 27, 2017, in which to identify those claims. The clerk is directed to issue a single summons to the United States attorney for this district and the Attorney General of the Un ited States at Washington, D.C., pursuant to Fed. R. Civ. P. 4(i)(1). The Marshal for this District is directed to serve the summons and complaint by registered or certified mail at the expense of the United States. (See Entry.) Copy to William Bibbs via U.S. Mail. cc: USM Signed by Judge Tanya Walton Pratt on 4/4/2017.(JLS)
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