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17-375 - BELL v. CORIZON, MEDICAL SERVICES et al


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17-375 - BELL v. CORIZON, MEDICAL SERVICES et al
March 22, 2018
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Order Granting Motion for Summary Judgment, Directing Entry of Final Judgment, and Denying as Moot Plaintiff's Motion for Preliminary Injunction and Motion for Judicial Notice - Plaintiff John Bell, an inmate at the Wabash Valley Correctional Facility (WVCF), brings this action pursuant to 42 U.S.C. § 1983. Mr. Bell alleges that the defendants violated his Eighth Amendment rights through their deliberate indifference to his serious medical needs and committed malpractice under state law. The motion for summary judgment, dkt. 25, is granted. Mr. Bell's motion for preliminary injunction, dkt. 30, and motion for judicial notice, dkt. 37, are denied as moot as the action is dismissed without prejudice. Defendants have met their burden of showing that Mr. Bell failed to exhaust his administrative remedies before filing this lawsuit as to all of the claims in this action. The consequence of these circumstances, in light of 42 U.S.C. § 1997e(a), is that the action should not have been brought and must now be dismissed without prejudice. The motion for summary judgment, dkt. 25, is granted. Mr. Bell's motion for preliminary injunction, dkt. 30, and motion for judicial notice, dkt. 37, are denied as moot as the action is dismissed without prejudice. Judgment consistent with this Entry shall now issue. (See Entry.) Signed by Judge Jane Magnus-Stinson on 3/22/2018.(RSF)