JOHNSON v. BEDWELL, et al
| BYRON JOHNSON |
| DANIEL BEDWELL and SHIRLEY DOE |
| 2:2017cv00053 |
| February 3, 2017 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Denise K. LaRue |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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Filing
36
Entry Screening Complaint, Discussing Pending Motions, and Directing Plaintiff to Show Cause - Defendants Daniel Bedwell and Shirley Doe removed this action to this Court from the Sullivan County Superior Court. Defendants answered the complaint a nd alleged the affirmative defense of failure to exhaust administrative remedies. Defendants' motion for summary judgment filed in support of that defense is now fully briefed and ripe for resolution. Before that motion is addressed, however , the Court must screen the complaint. Mr. Johnson's complaint is dismissed for the reasons set forth above. He shall have through November 10, 2017, in which to show cause why Judgment consistent with this Entry should not issue. The defenda nts' motion for summary judgment on the issue of failure to exhaust administrative remedies, dkt. 14 , is denied without prejudice as moot. The plaintiff's motion for leave to file a supplemental complaint, dkt. 33 , is denied. The pla intiff's renewed motion to appoint counsel to assist him in presenting his response on the issue of exhaustion to a jury, dkt. 35 , is denied as moot. The partial stay that was imposed in the Entry of February 24, 2017, is lifted. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 10/11/2017. (RSF)
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