ISBY-ISRAEL v. LEMMON et al
| AARON ISBY-ISRAEL |
| STEPHEN HALL, BRUCE LEMMON and R. NEMERGUT |
| 2:2013cv00172 |
| May 7, 2013 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Denise K. LaRue |
| William T. Lawrence |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Civil Rights 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
104
ENTRY Granting Defendant's Motion for Summary Judgment and Directing Entry of Final Judgment - There is in this case no genuine issue of material fact and the defendants are entitled to judgment as a matter of law. The motion for summary judgmen t [dkt. 91 ] is granted. The motion to strike [dkt. 100 ] is denied. The motion to withdraw attorney appearance of Caryn N. Szyper [dkt. 103 ] is granted. Judgment consistent with this Entry shall now issue. See Entry for details. Copy sent to plaintiff via US Mail. Signed by Judge William T. Lawrence on 6/1/2016. (MAG)
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Filing
65
ENTRY Discussing Affirmative Defense of Failure to Exhaust Available Administrative Remedies - The defendants failed to come forward with sufficient evidence to dispute Mr. Isby- Isreal's claim that he was prevented from filing a formal grievan ce on his Kosher diet claim. Accordingly, the defendants have not met their burden to prove their affirmative defense that Mr. Isby-Isreal failed to failed to exhaust his available administrative remedies prior to filing this action. Accordingly, the affirmative defense is denied and the case will proceed to the merits. **SEE ENTRY** Signed by Judge William T. Lawrence on 4/10/2015. (AH)
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Filing
38
ENTRY DISCUSSING MOTION FOR SUMMARY JUDGMENT ON EXHAUSTION DEFENSE - Defendant's 28 Motion for Summary Judgment is denied. Isby-Israel has not demonstrated that he exhausted his administrative remedies. Accordingly, an evidentiary hearing t o resolve whether this action is barred by the exhaustion requirement of the PLRA shall be set by separate order. Isby-Israel shall have through July 30, 2014, in which to notify the Court whether he requests the court's assistance in recruiting counsel to represent him at an evidentiary hearing. **SEE ORDER** Copy to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 7/14/2014. (ADH)
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