DUPREE v. CARAWAY et al
| JOHN DUPREE |
| J. F. CARAWAY, DEPARTMENT OF JUSTICE OF THE UNITED STATES and FEDERAL BUREAU OF PRISONS |
| 2:2014cv00092 |
| March 28, 2014 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Jane Magnus-Stinson |
| William G. Hussmann |
| Prisoner Petitions - Prison Condition |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
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Filing
45
ORDER granting 30 Motion for Summary Judgment. The defendants have met their burden of proving that Mr. Dupree had available administrative remedies that he did not fully exhaust before filing his lawsuit. Given his failure to respond to the mo tion for summary judgment, Mr. Dupree has not identified a genuine issue of material fact supported by admissible evidence which counters the facts offered by the defendants. Judgment consistent with this Entry and with the Entries of May 7, 2014, and May 11, 2015, shall now issue. The telephonic status conference set for September 14, 2015, is vacated. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 5/13/2015. (AH)
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Filing
7
Entry Discussing Amended Complaint, Dismissing Insufficient Claims, and Directing Further Proceedings - Plaintiff John Dupree ("Mr. Dupree"), an inmate at the United States Penitentiary in Terre Haute, Indiana, alleges that his constituti onal rights are being violated because the defendants have refused to properly treat his serious medical needs. Any claim against defendant Physician's Assistant Cox is dismissed. Any claims against defendants Nurse Dobbins and X-Ray Technicia n Abriani are dismissed. No partial final judgment shall issue as to the claims dismissed in this Entry. Mr. Dupree's Eighth Amendment claims of deliberate indifference to a serious medical need shall proceed against six defendants: 1) Direc tor Health Services Administrator Andrew Rupska; 2) Nurse Daniels; 3) Dr. Standard; 4) Paramedic Drummey; 5) Lab Technician Sanduski; and 6) Physician's Assistant Mata. The clerk shall update the docket accordingly. The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(2), to issue process to the six defendants. (See Entry.) Copies distributed pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 5/7/2014.(RSF)
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