JONES v. UNITED STATES OF AMERICA
||MARK JACOB JONES, SR.
||UNITED STATES OF AMERICA
||September 25, 2017
||US District Court for the Southern District of Indiana
||Terre Haute Office
||Mark J. Dinsmore
||William T. Lawrence
|Nature of Suit:
||Prisoner Petitions - Prison Condition
|Cause of Action:
||28 U.S.C. § 1331 Federal Question: Bivens Act
|Jury Demanded By:
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|June 27, 2019
ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND DIRECTING ENTRY OF FINAL JUDGMENT IN FAVOR OF DEFENDANT - Plaintiff Mark Jacob Jones, Sr. brings his claims of negligence against the United States of America under the Federal Tort Claims Act, 28 U. S.C. § 2671, et seq. On October 24, 2018, Mr. Jones filed a motion for partial summary judgment on his claims that a) contaminated water at the Federal Correctional Institution - Terre Haute (FCI- Terre Haute) caused him to suffer ulcers and o ther medical problems, and b) the failure to install duress buttons in the cells caused him physical injury. Dkt. 56 . The United States filed a response to Mr. Jones' motion for partial summary judgment and a cross-motion for summary judgme nt on all remaining claims. Dkt. 63 . Both dispositive motions are now ripe for resolution. Dkts. 68 , 69 , 70 , 71 . For the reasons discussed above, Mr. Jones' first motion for partial summary judgment, dkt. 56 , is denied. The Unit ed States' motion for summary judgment, dkt. 63 , is granted. Judgment in favor of the United States, consistent with the Entry of June 12, 2019, dkt. 72 , and this Entry shall now issue. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 6/27/2019. (DMW)
|October 18, 2017
Entry Dismissing Insufficient Claims and Directing Further Proceedings - The plaintiff's motion to proceed in forma pauperis, 5 , is granted. He is assessedan initial partial filing fee of Twenty One Dollars ($21.00). He shall have through November 20, 2017, to pay this sum to the clerk. The complaint must be dismissed for failure to state a claim. The dismissal of the complaint will not in this instance lead to the dismissal of the action at present. Instead, the plaintiff shall have through November 20, 2018, in which to file an amended complaint. SEE ORDER. Copy sent to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 10/18/2017. (JRB)
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