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17-429 - STONE v. FISH


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17-429 - STONE v. FISH
March 22, 2018
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ENTRY GRANTING MOTION FOR SUMMARY JUDGMENT AND DIRECTING ENTRY OF FINAL JUDGMENT - Plaintiff Donald Stone filed this action on September 6, 2017, contending that his constitutional rights were violated while he was incarcerated in the Indiana Department of Correction (IDOC). Specifically, Mr. Stone claims that Lieutenant Dustin Fish slammed him to the ground with excessive force, injuring his shoulder. Defendant Fish has moved for summary judgment, arguing that Mr. Stone failed to exhaust his available administrative remedies as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. ยง 1997e(a), before filing this lawsuit. Mr. Stone has not responded to the motion. Mr. Stone's action should not have been brought and must now be dismissed without prejudice. Sergeant Fish's motion for summary judgment, dkt. 17, is granted. Judgment consistent with this Entry shall now issue. (See Entry.) Signed by Judge Jane Magnus-Stinson on 3/22/2018.(RSF)