Curry v. Butler et al

Filing 70

ORDER DENYING Motion for Summary Judgment filed by Plaintiff Steven Curry (Doc. 57 ). Signed by Judge Staci M. Yandle on 1/4/2017. (mah).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS STEVEN CURRY, R09761, ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. KIMBERLY S. BUTLER, WILLIAM A. SPILLER, KENT E. BROOKMAN, TODD BROOKS, SHAUN GEE, BRANDON ANTHONY and CORY BUMP, Defendants. Case No. 16-CV-820-SMY-RJD MEMORANDUM AND ORDER Pending before the Court is Plaintiff Steven Curry’s Motion for Summary Judgment Regarding Defendants’ Exhaustion of Administrative Remedies Defense (Doc. 57). A prisoner’s failure to exhaust administrative remedies is an affirmative defense that may be raised by the defendants. Jones v. Bock, 549 U.S. 199, 212, 127 S. Ct. 910, 919, 166 L. Ed. 2d 798 (2007). Therefore, Curry does not need to file a motion for summary judgment on the exhaustion issue. However, he may file a response in opposition if the Defendants choose to file a motion for summary judgment on the issue of exhaustion. Pursuant to the Scheduling Order (Doc. 53), the Defendants may file such a motion no later than March 23, 2017. If the Defendants choose not to file a motion for summary judgment on the exhaustion issue, the issue will be deemed waived and the parties may proceed to discovery on the merits. Accordingly, Plaintiff’s motion is DENIED. IT IS SO ORDERED. DATED: January 4, 2017 s/ Staci M. Yandle STACI M. YANDLE United States District Judge 1

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