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16-367 - COMBS v. PORTER, et al


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16-367 - COMBS v. PORTER, et al
September 29, 2016
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ENTRY Directing Further Proceedings - The plaintiff shall have through November 7, 2016, in which to either pay the $400.00 filing fee for this action or demonstrate that he lacks the financial ability to do so. If he seeks leave to proceed in forma pauperis, his request must be accompanied by a copy of the transactions associated with his institution trust account for the 6-month period preceding the filing of this action on September 26, 2016. If the plaintiff seeks relief or raises complaints based on the IPAS case, he shall have through November 7, 2016, in which to notify the Court and seek dismissal of this case. If the plaintiff wishes to pursue individual relief in this case, he will have through November 7, 2016, to file an Amended Complaint. This is because the Motion of 1983 Prisoner Complaint to Show Cause, if considered to be a complaint, fails to state a claim upon which relief can be granted. In organizing his complaint, the plaintiff may benefit from utilizing the Court's complaint form. The clerk is directed to include a copy of the prisoner civil rights complaint form along with the plaintiff's copy of this Entry. If an amended complaint is filed as directed above, it will be screened. If no amended complaint is filed, this action will be dismissed for the reasons set forth above. (See Entry.) Copy sent to Plaintiff via US Mail Signed by Judge William T. Lawrence on 9/29/2016. (Attachments: # (1) Complaint Form)(BRR)
February 13, 2018
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Entry Discussing Motion for Summary Judgment - Plaintiff Dean Combs, an inmate at the Wabash Valley Correctional Facility (WVCF), brings this action pursuant to 42 U.S.C. ยง 1983. Mr. Combs asserts that the defendants have failed to ensure that he receive adequate treatment for his serious mental health needs. The defendants move for summary judgment on Mr. Combs's claims arguing that he failed to exhaust his administrative remedies as required by the Prison Litigation Reform Act (PLRA) before filing this lawsuit. For the following reasons, the motion for summary judgment, Dkt. No. 65, is granted. For the foregoing reasons, the motion for summary judgment, Dkt. No. 65, is granted. The motion for a hearing, Dkt. No. 92, is denied. Judgment consistent with this Entry shall now issue. (SEE ENTRY). Copy to plaintiff via US Mail. Signed by Judge William T. Lawrence on 2/13/2018. (APD)