EADY v. LARIVA et al
| AUBREY LYNN EADY |
| THOMAS E. BAILEY, KIM KLINK, L. LARIVA, ASHLEY MATCHETT, GARY S. ULRICH and ERIC WILSON |
| 2:2014cv00325 |
| October 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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The following documents for this case are available for you to view or download:
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Filing
64
Entry Granting Defendant Dr. William Wilson's Motion for Summary Judgment - In this civil rights action brought pursuant to the theory recognized in Bivens v. Six Unknown Named Agents, defendant Dr. Wilson seeks resolution of the claims alleg ed against him through summary judgment. For the reasons explained in this Entry, Dr. Wilson's unopposed motion for summary judgment 58 must be granted. The claims against him are barred by the statute of limitations. In addition, the evide nce reflects that Dr. Wilson was not deliberately indifferent to Eady's serious medical needs. This Entry resolves all claims against all parties. Judgment consistent with this Entry and the Entry of January 22, 2016, shall now issue. (See entry.) Copy sent to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 6/20/2016. (BRR)
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Filing
55
Entry Granting Defendant Ulrich's Motion for Summary Judgment - Dr. Ulrich's 39 motion for summary judgment is granted. Dr. Ulrich is entitled to judgment as a matter of law on the claims raised in the second amended complaint. This motion does not resolve all claims against all parties. No partial final judgment shall issue at this time. (See Entry.) Signed by Judge Jane Magnus-Stinson on 1/22/2016. Copy sent to Plaintiff via US Mail. (GSO)
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Filing
4
ENTRY Directing Further Proceedings - The plaintiff's 2 motion to proceed in forma pauperis is granted. The plaintiff is assessed an initial partial filing fee of Forty Seven Dollars and Seventy-Seven Cents ($47.77). He shall have through November 25, 2014, in which to pay this sum to the clerk of the district court. Given these principles of liability the claims against each of the named defendants are legally insufficient and must be dismissed. The dismissal of the com plaint will not lead to the dismissal of the action at this time. Eady shall have through November 25, 2014, in which to file an amended complaint that states a viable claim for relief in light of the deficiencies noted in Part III of this Entr y. If no amended complaint is filed, the action will be dismissed in its entirety for failure to state a claim upon which relief can be granted. **SEE ENTRY** Copy mailed to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 10/31/2014. (AH) Modified on 10/31/2014 (AH).
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