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13-172 - ISBY-ISRAEL v. LEMMON et al


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13-172 - ISBY-ISRAEL v. LEMMON et al
July 14, 2014
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ENTRY DISCUSSING MOTION FOR SUMMARY JUDGMENT ON EXHAUSTION DEFENSE - Defendant's 28 Motion for Summary Judgment is denied. Isby-Israel has not demonstrated that he exhausted his administrative remedies. Accordingly, an evidentiary hearing to resolve whether this action is barred by the exhaustion requirement of the PLRA shall be set by separate order. Isby-Israel shall have through July 30, 2014, in which to notify the Court whether he requests the court's assistance in recruiting counsel to represent him at an evidentiary hearing. **SEE ORDER** Copy to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 7/14/2014. (ADH)
April 10, 2015
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ENTRY Discussing Affirmative Defense of Failure to Exhaust Available Administrative Remedies - The defendants failed to come forward with sufficient evidence to dispute Mr. Isby- Isreal's claim that he was prevented from filing a formal grievance on his Kosher diet claim. Accordingly, the defendants have not met their burden to prove their affirmative defense that Mr. Isby-Isreal failed to failed to exhaust his available administrative remedies prior to filing this action. Accordingly, the affirmative defense is denied and the case will proceed to the merits. **SEE ENTRY** Signed by Judge William T. Lawrence on 4/10/2015. (AH)
June 1, 2016
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ENTRY Granting Defendant's Motion for Summary Judgment and Directing Entry of Final Judgment - There is in this case no genuine issue of material fact and the defendants are entitled to judgment as a matter of law. The motion for summary judgment [dkt. 91] is granted. The motion to strike [dkt. 100] is denied. The motion to withdraw attorney appearance of Caryn N. Szyper [dkt. 103] is granted. Judgment consistent with this Entry shall now issue. See Entry for details. Copy sent to plaintiff via US Mail. Signed by Judge William T. Lawrence on 6/1/2016. (MAG)