SMITH v. USP TERRE-HAUTE et al
| RICKY JEROME SMITH |
| ASSOCIATE WARDEN, SHU P.A., WARDEN, USP TERRE-HAUTE, CAPTAIN, HEALTH SERVICE ADMINISTRATOR, LIEUTENANT, MEDICAL STAFF and NURSES |
| 2:2013cv00087 |
| March 8, 2013 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| William T. Lawrence |
| William G. Hussmann |
| Prisoner Petitions - Prison Condition |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
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Filing
28
Entry Granting Motion for Summary Judgment and Directing Entry of Final Judgment - The defendants' motion for summary judgment on the basis that Smith failed to exhaust his administrate remedies prior to filing this lawsuit 23 is granted. Judgment consistent with this Entry shall now issue. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge William T. Lawrence on 10/28/2013. (RSF)
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Filing
8
Entry Granting Motion to Proceed In Forma Pauperis, Dismissing Insufficient Claims, and Directing Further Proceedings - The motion to proceed in forma pauperis [Dkt. No. 5] is granted. The assessment of even a partial filing fee is not feasible at this time. Certain claims must be dismissed. No partial final judgment shall issue as to the claims dismissed in this Entry. For the time being, the Eighth Amendment claims shall proceed against the USP Terre Haute Warden and the USP Terre Haute Clinical Director. The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(2), to issue process to the USP Terre Haute Warden and the USP Terre Haute Clinical Director. Process shall consist of a summons. Because the plaintiff is proceeding u nder the theory recognized in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), personal service is required. The Warden and the Clinical Director shall have thirty (30) days from the date they appear in the action in which to file a single response to the motion for preliminary injunction. (See Entry.) Copies distributed pursuant to distribution list. Signed by Judge William T. Lawrence on 4/30/2013.(RSF)
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