THOMAS v. COWENS et al
Filing
159
ORDER for Defendants to Supplement Record. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 10/25/2024. (elp)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
SHELTON R. THOMAS,
:
:
Plaintiff,
:
:
v.
:
:
Doctor KENNETH COWENS, et al., :
:
Defendants.
:
_________________________________ :
Case No.: 5:22-cv-00012-CAR-CHW
Proceedings under 42 U.S.C. § 1983
Before the U.S. Magistrate Judge
ORDER
Defendants have filed a motion for summary judgment arguing, in part, that Plaintiff
failed to exhaust his administrative remedies for several of his claims prior to commencing
suit. (Doc. 139). Plaintiff argues against Defendants’ motion, and in doing so, references
grievances which are not in the materials provided by Defendants. (Doc. 152, p. 11-12,
14). Defendants countered that Plaintiff’s declaration is not competent evidence and that
Plaintiff’s exhaustion arguments are not relevant or applicable. (Doc. 153, p. 3-6).
Nevertheless, copies of the referenced grievances and others noted on Plaintiff’s grievance
history are necessary for the Court to determine whether Plaintiff properly exhausted.
Therefore, the Court hereby ORDERS Defendants to supplement the record with
the following grievances and any associated records, including but not limited to, the initial
grievance through the final Central Office appeal, by November 15, 2024:
• Grievance No. 301968, filed January 14, 2020;
• Grievance No. 311861, filed July 20, 2020;
• Grievance No. 316424, filed November 5, 2020;
• Grievance No. 316236, filed November 2, 2020;
• Grievance No. 326993, 1 filed July 17, 2021;
• Grievance No. 327112, filed July 16, 2021;
• Grievance No. 333653, filed December 28, 2021; 2 and
• Any records, e.g., Attachment 10 of the grievance policy (Doc. 139-24, p. 31),
for any grievance submitted but dropped or unprocessed concerning issues from
February 2021. See (Doc. 152, p. 11).
SO ORDERED, this 25th day of October, 2024.
s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge
1
2
Plaintiff misidentified this grievance as Grievance No. 326992.
Plaintiff enumerated another grievance, Grievance No. 306511. (Doc. 152, p. 12). It is not listed
because Defendants included this grievance in their exhibits. (Doc. 139-29).
2
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