MEYERS v. GEO MENTAL HEALTH et al
||GEO MENTAL HEALTH and OFFICER TUTT
||December 28, 2016
||US District Court for the Southern District of Indiana
||Tim A. Baker
||Tanya Walton Pratt
|Nature of Suit:
||Prisoner Petitions - Prison Condition
|Cause of Action:
||42 U.S.C. § 1983 Prisoner Civil Rights
|Jury Demanded By:
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|June 19, 2018
ORDER - granting 31 Motion for Summary Judgment and Directing Entry of Final Judgment. Officer Tutt argues that Meyers failed to exhaust his available administrative remedies as required by the PLRA with respect to his claims against him. The u ncontested facts demonstrate that the defendant has met his burden of proving that Meyers "had available [administrative] remedies that he did not utilize." This action is dismissed without prejudice. Judgment consistent with this Entry shall now issue. (See Order.) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 6/19/2018. (NAD)
|December 30, 2016
Entry Discussing Motion to Proceed in Forma Pauperis, Discussing Complaint and Directing Service of Process - The plaintiff's motion to proceed in forma pauperis [dkt. 2 ] is denied without prejudice because he failed to submit a certified c opy of his trust fund account statement (or institutional equivalent) for the 6-month period immediately preceding the filing of his complaint on December 28, 2016, as required by 28 U.S.C. § 1915(a)(2). He shall have through January 31, 2017 , in which to either pay the $400.00 filing fee or renew his request for in forma pauperis status with the required information. The complaint lists as a second defendant NCF/NCP GEO Mental Health. There are no allegations asserted against th is defendant, nor is it a suable entity. Therefore, any claim brought against GEO Mental Health is dismissed for failure to state a claim upon which relief can be granted. The clerk is designated pursuant to Fed. R. Civ. P. 4(c) to issue process t o Officer Tutt in the manner specified by Rule 4(d). Process shall consist of the complaint filed on December 28, 2016 (docket 1), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The plaintiff shall report any change of address within seven (7) days. The clerk shall update the docket to reflect the dismissal of the claim against GEO Mental Health. Copy to Plaintiff and Defendant via U.S. Mail. Signed by Judge Tanya Walton Pratt on 12/30/2016. (JLS)
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