Bakhtiari v. Walton et al

Filing 44

MEMORANDUM AND ORDER, The Court dismisses those claims without prejudice and directs the Clerk of Court to enter judgment accordingly. The Court Denies as moot Bakhtiari's motion to compel preservation and production of evidence 37 and motion to compel the defendants to allow him access to the Court 42 . Signed by Judge J. Phil Gilbert on 2/10/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ALIREZA BAKHTIARI,
Plaintiff,
v.

Case No. 13-cv-906-JPG

J. WALTON, UNITED STATES of
AMERICA, M. WINKLMEIER, M.
BAGWELL, D. SZOKE, L. DUNCAN, J.
BAGWELL, and R. STRAUSS,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the December 6, 2013, order for plaintiff Alireza
Bakhtiari to show cause on or before December 30, 2013, why, to the extent any request for a
permanent injunction remains pending in this case, such claim should not be dismissed for failure
to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a) (Doc. 38). The Court
extended Bakhtiari’s response deadline to January 25, 2014 (Doc. 40). As of today, the Court has
received nothing from Bakhtiari except a motion to compel the defendants to allow him access to
the Court by providing him stamps, envelopes, paper and a pen (Doc. 42) and a notice that on
January 16, 2014, he mailed objections to a Report and Recommendation (Doc. 43). Neither of
these filings addresses whether Bakhtiari has exhausted his administrative remedies with respect
to his request for permanent injunctive relief, the only remaining claim in this case.
Bakhtiari having failed to show cause why his claims for permanent injunctive relief
should not be dismissed for failure to exhaust administrative remedies pursuant to 42 U.S.C.
§ 1997e(a), the Court DISMISSES those claims without prejudice and DIRECTS the Clerk of
Court to enter judgment accordingly. The Court DENIES as moot Bakhtiari’s motion to compel

preservation and production of evidence (Doc. 37) and motion to compel the defendants to allow
him access to the Court by providing him stamps, envelopes, paper and a pen (Doc. 42). Should
Bakhtiari’s January 16, 2014, objections ever arrive at the Court, it will decide at that time how to
treat them.
IT IS SO ORDERED.
DATED: February10, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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