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).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

STEVEN CURRY, R09761,

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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
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