McDOLE v. INDIANA DEPARTMENT OF CORRECTIONS et al
SHELVIE GENE McDOLE |
GEORGEANNE PINKSTON, VANCE RAHAM, SUPERINTENDENT JULIE STOUT, COMMISSION EDWIN G. BUSS, CORIZON, INC. and INDIANA DEPARTMENT OF CORRECTIONS |
2:2011cv00232 |
September 2, 2011 |
US District Court for the Southern District of Indiana |
Terre Haute Office |
Jane Magnus-Stinson |
William G. Hussmann |
Civil Rights: Other |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Both |
Available Case Documents
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Filing 36 Entry Discussing Motion for Summary Judgment - The consequence of McDole's failure to properly exhaust available administrative remedies, in light of 42 U.S.C. § 1997e(a), is that this action should not have been brought against the defendants and must now be dismissed without prejudice. The motion for summary judgment 31 is granted, and judgment consistent with this Entry shall now issue. (See Entry.) Signed by Judge Jane Magnus-Stinson on 9/6/2012. (RSF) |
Filing 28 ORDER granting in part and denying in part 19 Motion to Dismiss; Granted to the extent that Counts I and II as to State Defendant are dismissed for failure to state a claim; Count III is dismissed as to the IDOC for lack of subject matter jurisdi ction and Count III as to Commissioner Buss and Superintendent Stout is dimissed for failure to state a claim. Plaintiff has 21 days to obtain agreement of State Defendants or file a motion to amend. If no motion filed, the Court will enter judgment as there would be no just reason for delay. Signed by Judge Jane Magnus-Stinson on 1/17/2012. (SMD) |
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