GILMORE v. DECKER et al
| AMAR GILMORE |
| T. BAILEY, TRACY BIXLER, GENEVIEVE DAUGHTERY, DAVID DECKER, JANE DOES, JOHN DOES, UNITED STATES OF AMERICA, SARAH WALTERS and WILLIAM WILSON |
| 2:2016cv00209 |
| June 14, 2016 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J. Dinsmore |
| Jane Magnus-Stinson |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
177
Order Following Bench Trial on Federal Tort Claims Act Claim - Federal Rule of Civil Procedure 52(a) requires the Court to separately set out its findings of fact and conclusions of law and allows the Court to do so "in an opinion or a memora ndum of decision." The following are the Court's findings of fact and conclusions of law required by Rule 52(a). To the extent that any findings of fact are more properly construed as conclusions of law, or vice versa, they should be construed as such. SEE ORDER. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 3/25/2020.(KAA)
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Filing
40
ENTRY Discussing Rule 56(f) Notice Regarding Exhaustion - This matter will be set for a Pavey hearing by separate entry. A pre-Pavey conference will also be set and conducted by the Magistrate Judge. The Court will attempt to recruit volunteer counsel to assist Mr. Gilmore with the hearing. If Mr. Gilmore objects to representation by voluntary counsel, he has through May 30, 2017, to notify the Court (See Entry). Copy sent to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 5/18/2017.(DW)
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Filing
36
Entry Discussing Motion for Summary Judgment - Plaintiff Amar Gilmore, who at all times relevant to this action was a federal inmate incarcerated at the Federal Correction Institution in Terre Haute, Indiana, brought this action pro se against the United States of America, David Decker, Genevieve Daughtery, and Sarah Walters. Mr. Gilmore asserts a claim under the Federal Tort Claims Act against the United States and Eighth Amendment claims against David Decker, Genevieve Daughtery, and Sara h Walters (the "Individual Defendants") based on his alleged receipt of deficient medical treatment while under their care. The Individual Defendants move for summary judgment on the ground that the plaintiff failed to exhaust his admin istrative remedies before bringing this suit. For the reasons explained in this Entry, the Individual Defendants' motion for summary judgment is denied. Filing No. 23 . The Individual Defendants have through April 28, 2017, in which to respond to the Court's proposal. Alternatively, they may withdraw their affirmative defense by this date. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 4/18/2017. (RSF)
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