SMITH v. SMITH et al

Filing 133

ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Magistrate Judge's Report and Recommendation [dkt. 125 ] on the issue of exhaustion is hereby adopted as the decision and Entry of the Court. The Defendants have failed to meet their burden of establishing that Mr. Smith failed to exhaust, and such affirmative defense is stricken. The Court further adopts the Magistrate Judge's Recommendation as to Plaintiff's Objection and Motion to Strike Defendant's Witness Mike Smith As a Witness [dkt. 121 ] and Plaintiff's Motion for Judgment As a Matter of Law [dkt 122 ], such that motions are DENIED as moot. Signed by Judge Jane Magnus-Stinson on 11/8/2012. (copy to Plaintiff via US Mail) (JKS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
ERIC D. SMITH,
Plaintiff,
v.
JENNIFER SMITH and
DAPHNE TESTER,
Defendants.

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1:10-cv-00256-JMS-MJD

ORDER ADOPTING REPORT AND RECOMMENDATION
on
Plaintiff’s Objection and Motion to Strike [dkt. 121] and
Plaintiff’s Motion For Judgment As A Matter of Law [dkt. 122]
No objections having been filed thereto, the Magistrate Judge’s Report and
Recommendation [dkt. 125] on the issue of exhaustion is hereby adopted as the decision
and Entry of the Court. The Defendants have failed to meet their burden of establishing
that Mr. Smith failed to exhaust, and such affirmative defense is stricken.
The Court further adopts the Magistrate Judge’s Recommendation as to Plaintiff’s
Objection and Motion to Strike Defendant’s Witness Mike Smith As a Witness [dkt. 121] and
Plaintiff’s Motion for Judgment As a Matter of Law [dkt 122], such that motions are
DENIED as moot.
SO ORDERED.
11/08/2012
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Copy via ECF only:
Bruce Benjamin Paul
STITES & HARBISON, LLP
[e-mail]
Copy via U.S. Mail to:
ERIC D. SMITH
112675
WESTVILLE - CF
WESTVILLE CONTROL UNIT
Inmate Mail/Parcels
5501 South 1100 West
WESTVILLE, IN 46391