KENDRICK v. CAPPA et al
| MARK E. KENDRICK |
| BROTZ and JEFF CAPPA |
| 1:2017cv03423 |
| September 25, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Sarah Evans Barker |
| Mark J. Dinsmore |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
72
ENTRY - Granting Defendants' Motion for Summary Judgment on Exhaustion,Discussing Other Pending Motions,and Directing Entry of Final Judgment; The defendants' motion for summary judgment, dkt. 23 , must be granted. Mr. Kendrick's moti on to submit affidavit, filed on June 25, 2018, dkt. 63 , is denied as untimely and unnecessary. Mr. Kendrick's motion to amend complaint, filed on July 13, 2018, dkt. 66 , is denied as untimely and futile. The consequence of Mr. Kendrick' ;s failure to exhaust his administrative remedies, in light of 42 U.S.C. § 1997e(a), is that this action must be dismissed without prejudice. Final judgment consistent with this Entry shall now issue. Signed by Judge Sarah Evans Barker on 7/25/2018. Copy Mailed. (CKM)
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