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17-4318 - HOWARD v. MCNUE


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17-4318 - HOWARD v. MCNUE
November 22, 2017
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ENTRY - 2 Motion for Leave to Proceed in forma pauperis is granted. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Nurse McNue in the manner specified by Rule 4(d). Process shall consist of the complaint, dkt. 1, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. See entry for details. Signed by Judge Tanya Walton Pratt on 11/22/2017. (Copy mailed to Plaintiff and Nurse McNue) (MEJ)
January 4, 2018
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ENTRY - The main document of the supplemental complaint contains a section naming defendants to be added, but there are essentially no allegations made against them. The supplemental complaint, dkt. 8, therefore is dismissed. Plaintiff's December 28, 2017, "Submission of Order to Show Cause for a Preliminary Injunction and a Temporary Restraining Order" is construed as a motion for preliminary injunctive relief. It concerns plaintiff's lack of access to a law library and seeks injunctive relief. It is not related to the medical care claim proceeding in this action. The motion, dkt. 9, is therefore denied. See entry for details. Signed by Judge Tanya Walton Pratt on 1/4/2018. (Copy mailed to Plaintiff) (MEJ)
March 1, 2018
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Entry Correcting Defendant's Name and Directing Development of Exhaustion Defense and Issuing Partial Stay - Defendant has answered in her correct name. The clerk is directed to modify the docket to reflect the name of defendant as Lara McNew, LPN. If a dispositive motion is filed, plaintiff shall have twenty-eight (28) days in which to respond. Defendant shall then have fourteen (14) days in which to reply. See entry for details. Except for activities associated with the development and resolution of defendant's affirmative defense that 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. Discovery on the issue of exhaustion is allowed. See entry for details. Signed by Judge Tanya Walton Pratt on 3/1/2018. (MEJ)