RUIZ v. SMITH
| ALAN JOSUE RUIZ |
| SMITH |
| 4:2016cv00227 |
| December 9, 2016 |
| US District Court for the Southern District of Indiana |
| New Albany Office |
| Tim A. Baker |
| Tanya Walton Pratt |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
57
ENTRY GRANTING MOTION FOR SUMMARY JUDGMENT AND DIRECTING ENTRY OF FINAL JUDGMENT - 52 Motion for Summary Judgment is GRANTED. Mr. Ruiz's First Amendment rights were not violated, and Sgt. Smith is entitled to qualified immunity. Judgment consistent with this Entry shall now issue. See Entry for details. Signed by Judge Tanya Walton Pratt on 2/13/2019 (copy mailed to plaintiff). (LBT)
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Filing
41
ENTRY Screening Amended Complaint and Directing Further Proceedings - The filing, dkt. 40 , shall be treated as an Amended Complaint. This claim of retaliation under the First Amendment shall proceed. The plaintiff's claim for property loss i s dismissed for failure to state a claim upon which relief can be granted. Sgt. Smith has appeared in this action. She shall have through February 12, 2018, in which to file an answer or otherwise respond to the amended complaint. The clerk shall modify the docket such that the plaintiff's filing of December 26, 2017, dkt. 40 , is the Amended Complaint. See Entry for details. Signed by Judge Tanya Walton Pratt on 1/19/2018 (copy mailed to plaintiff).(LBT)
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Filing
39
ENTRY Dismissing Complaint and Directing Plaintiff to Show Cause - Although the Court has grounds to dismiss the action for failure to comply with Court orders at this time, because it has addressed the merits of the claim, the plaintiff shall have a n opportunity, through December 6, 2017, in which to show cause why this action should not be dismissed for failure to state a claim upon which relief can be granted. Failure to show cause as directed by the deadline will result in the dismissal of the action without further notice. See Entry for details. Copy sent to plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 11/7/2017. (MAT)
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Filing
12
ENTRY Directing Development of Exhaustion Defense and Issuing Partial Stay - The defendant shall have through March 21, 2017, in which to either 1) file a dispositive motion in support of the affirmative defense that the plaintiff failed to exhaust h is administrative remedies prior to filing this lawsuit, 2) notify the Court that this affirmative defense is not amenable to resolution through a dispositive motion, or 3) notify the Court that the defendant will not pursue the affirmative defense o f failure to exhaust. If a dispositive motion is filed, the plaintiff shall have twenty-eight (28) days in which to respond. The defendant shall then have fourteen (14) days in which to reply. Except for activities associated with the development an d resolution of the defendant's affirmative defense that the plaintiff failed to exhaust his administrative remedies prior to filing this action, or any other matter directed by the Court, any other activities or deadlines in the action are stayed. Signed by Judge Tanya Walton Pratt on 2/21/2017 (copy mailed to plaintiff).(LBT)
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Filing
5
ENTRY Granting In Forma Pauperis Status and Directing Further Proceedings - 3 Motion for Leave to Proceed in forma pauperis is GRANTED. The assessment of an initial partial filing fee is not feasible at this time. Notwithstanding this ruling, th e plaintiff still owes the $350.00 filing fee.the plaintiff shall have through January 31, 2017, in which to file an "AMENDED COMPLAINT" which contains only allegations and a prayer for relief relating to the claim against Sgt. Smith. The front page of the "amended complaint," shall have those words on it ("amended complaint") in addition to the proper case number, 4:16-cv-00227-TWP-TAB. Failure to comply with the above directions may result in the dismissal of the action for failure to comply with Court orders and failure to prosecute. See Entry for details. Signed by Judge Tanya Walton Pratt on 12/21/2016 (copy mailed to plaintiff). (LBT)
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| Plaintiff: ALAN JOSUE RUIZ | |
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| Defendant: SMITH | |
| Represented By: | R. Jeffrey Lowe |
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