ECKES v. BYRD et al
| AUSTIN ECKES |
| SAMUEL BYRD, AMY HUFF, LOVELL, BOBBIE RIGGS, REGINA ROBINSON, MARY SIMS, AMIEE TAGGERD, JACKIE WEST-DENNINGS, WEXFORD MEDICAL SERVICES and YOKUM |
| WVCF (Court Use Only) |
| 2:2018cv00246 |
| May 31, 2018 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| William T. Lawrence |
| Doris L. Pryor |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
64
ORDER Granting Motion for Summary Judgment and Directing Entry of Final Judgment - The defendant has therefore met his burden of showing that Mr. Eckes failed to exhaust his administrative remedies before filing this lawsuit as to his claim in this action. The consequence of these circumstances, in light of 42 U.S.C. § 1997e (a), is that the action should not have been brought and must now be dismissed without prejudice. Ford v. Johnson, 362 F.3d 395, 401 (7th Cir. 2004) (holdi ng that "all dismissals under § 1997e(a) should be without prejudice."). For the foregoing reasons, the motion for summary judgment, Dkt. No. 57 , is granted. Judgment consistent with this Entry shall now issue (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge William T. Lawrence on 9/24/2018. (DWH)
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Filing
56
ORDER DENYING MOTIONS FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND DENYING MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT - Because Mr. Eckes fails to show he is likely to suffer irreparable harm in the absence of preliminary reli ef, Mr. Eckes' request for medical records is denied. Mr. Eckes' motion for preliminary injunction, Dkt. No. 33 , is denied. Mr. Eckes' motion for a temporary restraining order and preliminary injunction, Dkt. No. 43 , is denied. M r. Eckes filed an amended complaint, Dkt. No. 53 , on August 17, 2018, twenty-three days after the filing of the defendants' answer. The clerk is directed to update the docket to reflect that Dkt. No. 53 is a "motion for leave to file an amended complaint." Mr. Eckes' motion for leave to file an amended complaint, Dkt. No. 53 , is denied as presented because it fails to comply with Local Rule 15-1. Mr. Eckes has submitted a letter requesting a "change of name" document. Dkt. No. 55 . The Court construes his request to be for a blank form "change of name" document. Mr. Eckes should seek such a document, if available, from his local state court. (See Order.) Signed by Judge William T. Lawrence on 8/22/2018. (DMW)
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