PETERSON v. ROGAN et al
| LAWRENCE PETERSON |
| CORRECTIONAL MEDICAL SERVICES PRESIDENT and DOCTOR MICHAEL ROGAN |
| 2:2011cv00007 |
| January 10, 2011 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
41
Entry Granting Motion for Summary Judgment - The consequence of Peterson's failure to properly exhaust his administrative remedies, in light of 42 U.S.C. § 1997e(a), is that his claim should not have been brought and must now be dismisse d without prejudice. Ford, 362 F.3d at 401("We therefore hold that all dismissals under § 1997e(a) should be without prejudice."). The motion for summary judgment 29 is granted. Judgment consistent with this Entry shall now issue. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/12/2012. (RSF)
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