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17-201 - MASON v. CORIZON, INC., et al


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17-201 - MASON v. CORIZON, INC., et al
May 8, 2017
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Entry Granting Motion to Proceed in forma pauperis, Discussing Complaint, and Directing Further Proceedings - Plaintiff Michael Mason's motion to proceed in forma pauperis Dkt.4 is granted. He shall have through June 2, 2017, to pay an initial partial filing fee of $51.93. Mason's complaint must be dismissed for failure to state a claim upon which relief can be granted. The dismissal of the complaint will not in this instance lead to the dismissal of the action at present. Instead, the plaintiffs shall have through June 2, 2017, in which to file an amended complaint. (See Entry.) Signed by Judge William T. Lawrence on 5/8/2017. (RSF)
March 8, 2018
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Entry Discussing Motion for Summary Judgment - For the following reasons, the motion for summary judgment, Dkt. No. 38, is denied. Based on the Answer and motion for summary judgment, it appears that the correct spelling of this defendant's name is Hiatt. The clerk shall amend the docket to reflect the correct spelling of this defendant's name. The current record before the Court shows that the plaintiff is entitled to summary judgment on Hiatt's affirmative defense of exhaustion. Therefore, pursuant to Rule 56(f)(1), the Court gives Hiatt notice of its intent to grant summary judgment in the plaintiff's favor on this issue. Hiatt has through March 27, 2018, in which to respond to the Court's proposal. Alternatively, Hiatt may withdraw his affirmative defense by this date (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge William T. Lawrence on 3/8/2018. (DW)