McCoy v. Wexford Health Sources, Inc. et al

Filing 36

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 3/26/2013. Mailed notice by judge's staff. (srb,)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
KENDALE McCOY,

)
)
Plaintiff,
)
)
v.
)
)
WEXFORD HEALTH SOURCES, et al., )
)
Defendants.
)

No.

12 C 5467

MEMORANDUM ORDER
Assistant Attorney General James Duran has filed an Answer
by codefendant Marcus Hardy (“Hardy”) to the First Amended
Complaint brought by Kendale McCoy (“McCoy”) under the auspices
of 42 U.S.C. §1983 (“Section 1983").

This memorandum order is

issued sua sponte because of one problematic aspect of that
responsive pleading.1
Three affirmative defenses have been advanced following the
Answer proper, the third of which defenses reads:
To the extent that Plaintiff has not exhausted
available administrative remedies as required by 42
U.S.C. 1997(e)[this should properly be “§1997e(a)”],
his claims are barred.
That assertion, which if true would automatically call for
dismissal of this action because the exhaustion of administrative
remedies is a statutory precondition to suit, is extraordinarily
puzzling.

McCoy’s First Amended Complaint is a recital that is

chock-full of efforts on his part to bring his grievance to the

1

No effort is made here to vet the Answer in its entirety,
a matter that will be left to McCoy’s counsel.

attention of the authorities at Stateville Correctional Center
(where Hardy was formerly the Warden).

Hardy’s counsel is

ordered to flesh out his claim of asserted nonexhaustion on or
before April 9, 2013, after which this Court can determine if any
other input is required from McCoy’s counsel.

________________________________________
Milton I. Shadur
Senior United States District Judge
Date:

March 26, 2013

2