MILLER V. MARBERRY ET AL.
| WILLIAM ALLEN MILLER |
| NURSE HADDIX |
| H. J. MARBERRY |
| CHAPLIN ROGERS |
| 2:2011cv00262 |
| October 3, 2011 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Denise K. LaRue |
| Jane Magnus-Stinson |
| Habeas Corpus (Prison Condition) |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
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The following documents for this case are available for you to view or download:
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Filing
113
ORDER granting 107 Motion for Summary Judgment. Miller has not identified a genuine issue of material fact as to his claim against any of the defendants. The defendants' motion for summary judgment [dkt. 107] is therefore granted. Judgment consistent with this Entry and with the ruling of August 22, 2013, shall now issue. **SEE ORDER** Signed by Judge Jane Magnus-Stinson on 1/30/2015. (AH)
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Filing
86
ORDER - Plaintiff's Motion to Amend 79 is DENIED. Plaintiff's Motion Requesting a Settlement Conference 80 is GRANTED IN PART, to the extent that the Court requests that the magistrate judge conduct a status conference with the partie s at his earliest convenience, at which the topic of resolution of the case by settlement, motion or trial, and a schedule for achieving the same, shall be addressed. Copy sent to William Miller via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 1/7/2014. (JLM)
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Filing
65
Entry Granting Motion to Amend Complaint and Discussing Motion to Dismiss and Alternative Motion for Summary Judgment - The motion to amend 62 is granted. The amended complaint filed on January 15, 2013, is the operative complaint and is consi dered timely filed. The amended complaint clarifies that Adam Rogers was not an intended defendant in this action. The clerk is directed to terminate Adam Rogers as a defendant on the docket. The defendants' motion to dismiss and alternativ e motion for summary judgment 43 is denied in part. The defendant's Rule 12(b)(6) motion to dismiss any claims relating to matters occurring prior to September 8, 2011, on the basis that they are barred by the statute of limitations is deni ed. The defendants shall have fourteen (14) days from the date this Entry is docketed in which to supplement (if necessary) their briefing on the exhaustion issue given the filing of the amended complaint. The plaintiff shall have twenty-eight (28) days from service of any supplemental briefing to respond to the defendants' motion for summary judgment on the exhaustion defense. If no supplement is filed, the plaintiff shall file his response not later than April 1, 2013. The defenda nts shall then have fourteen (14) days in which to file a reply. The defendants' assertion that they are entitled to judgment in their favor on the merits is denied without prejudice as premature. The affirmative defense of failure to exhaust r emains viable, and is the sole outstanding issue in the pending motion, [dkt. 43.] Defendant may, but need not, file a responsive pleading to the amended complaint until the exhaustion issue is resolved. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 2/27/2013. (RSF)
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Filing
51
ORDER - denying 37 Motion to Appoint Counsel. (See Order.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 11/13/2012. (RSF)
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Filing
7
ENTRY Directing Further Proceedings - The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(2), to issue process to the defendants. Process shall consist of a summons. The Marshal for this District or his Deputy shall serve the summons, togethe r with a copy of the complaint, filed on September 8, 2011, and a copy of this Entry, on the defendants and on the officials designated pursuant to Fed. R. Civ. P. 4(i)(2), at the expense of the United States. Signed by Judge Jane Magnus-Stinson on 10/21/2011.(copy to plaintiff via us mail)(VS)
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Filing
5
ORDER Transferring Case. ORDERED that the clerk of the Court transfer this action to the United States District Court for the Southern District of Indiana pursuant to 28 U.S.C. §§ 1406(a) and 1631, by Judge Lewis T. Babcock on 10/3/11. (lyg, ) [Transferred from Colorado on 10/3/2011.]
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