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18-1216 - LOWDER v. TALBOT et al

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18-1216 - LOWDER v. TALBOT et al
May 25, 2018
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Entry Screening Complaint and Directing Service of Process - The plaintiff's deliberate indifference claims against Dr. Talbot and Ms. LaFlower shall proceed. This summary of claims includes all of the viable claims identified by the Court. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court he shall have through July 2, 2018, in which to identify those claims. The pro se plaintiff shall report any change of address within ten (10) days of any change. The Court must be able to locate the plaintiff to communicate with him. If the plaintiff fails to keep the Court informed of his or her current address, the action may be subject to dismissal for failure to comply with Court orders and failure to prosecute. The clerk is designated pursuant to Fed. R. Civ. P. 4(c) to issue process to the defendants Dr. Talbot and Ms. LaFlower in the manner specified by Rule 4 (d). Process shall consist of the complaint filed on April 23, 2018, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Copy to Plaintiff via US Mail. (See Entry.). Signed by Judge Tanya Walton Pratt on 5/25/2018.(NAD)
July 23, 2018
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Entry Directing Development of Exhaustion Defense and Issuing Partial Stay - The defendants' exhaustion defense will be resolved pursuant to the following schedule. The defendants shall have through September 5, 2018, in which to either: file a dispositive motion in support of the exhaustion defense; file a notice with the Court specifically identifying the fact issue(s) that preclude resolution of this affirmative defense via a dispositive motion and requesting a Pavey hearing; or file a notice with the Court withdrawing the exhaustion defense. The failure to pursue any of these options by the above deadline constitutes an abandonment of the exhaustion defense. If a dispositive motion is filed, the plaintiff shall have twenty-eight (28) days in which to respond. The defendants shall then have fourteen (14) days in which to reply. Except for activities associated with the development and resolution of the defendants' 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. Dispositive Motions due by 9/5/2018. (See Order.) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 7/23/2018.(NAD) Modified on 7/24/2018 - Updated for administrative purposes(NAD).