STEVENS v. YARBER et al
| GARY ERVIN STEVENS, JR. |
| DICK BROWN, COMMISSIONER OF INDIANA DEPARTMENT OF CORRECTIONS, SUPERINTENDENT and R. YARBER |
| WVCF (Court Use Only) |
| 2:2016cv00074 |
| February 29, 2016 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J. Dinsmore |
| William T. Lawrence |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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| Document Text |
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Filing
37
Entry Denying Motion for Summary Judgment without Prejudice: Consistent with Rule 56(e) of the Federal Rules of Civil Procedure the following steps shall be taken to remedy the parties failure to properly support or address this fact: 1) the motion for summary judgment [dkt. 18 ] is denied without prejudice; 2) Officer Yarber shall have through February 3, 2017, in which to submit evidence to support the assertion that Mr. Steven was informed of the grievance process; and 3) Mr. Stevens shall have through February 21, 2017, in which to respond to Officer Yarber's evidence and to submit evidence in support of his claim that he did not know what he was required to do to complete the grievance process ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 1/20/2017. (DW)
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Filing
7
Entry Discussing Complaint and Directing Further Proceedings - The official capacity claims against the Commissioner of the Indiana Department of Correction, the Superintendent of Wabash Valley Correctional Facility and Officer Yarber are dismissed . The claim against Superintendent Dick Brown in his individual capacity is also dismissed because there are no allegations of wrong doing on his part. The clerk is directed to terminate the Commissioner and Superintendent and Dick Brown as defenda nts on the docket. The only remaining defendant is R. Yarber in his individual capacity. The clerk is designated, pursuant to Fed. R. Civ. P. 4(c) (3), to issue and serve process on the defendant Correctional Officer R. Yarber. (See Entry.) Signed by Judge William T. Lawrence on 3/1/2016. Copies distributed pursuant to distribution list. (GSO)
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