BEBOUT v. ELI et al

Filing 72

ENTRY denying Pltf's 68 Motion for Summary Judgment (see Entry) c/m. Signed by Judge Sarah Evans Barker on 9/19/2012. (SWM)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TODD BEBOUT, ) ) Plaintiff, ) ) vs. ) ) DR. LORENZO ELI, et al., ) ) Defendants. ) 1:10-cv-1322-SEB-TAB ENTRY Summary judgment is appropriate when the moving party “shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The party moving for summary judgment will always bear the initial burden of proving the absence of genuine issues of material fact.” Seng–Tiong Ho v. Taflove, 648 F.3d 489, 496 (7th Cir. 2011). The plaintiff’s motion for summary judgment is supported by a narrative telling the story of medical neglect and mismanagement from his perspective, but that statement does not cite to the pleadings or to evidentiary materials outside the pleadings and is riddled with conclusions and opinions for which no evidentiary basis is presented. That motion [68] fails to establish the absence of genuine issues of material fact, fails to establish that he is entitled to judgment as a matter of law, and is therefore denied. IT IS SO ORDERED. 09/19/2012 Date: _____________________ Distribution: Todd Bebout DOC #111624 JCH-16-2F Pendleton Correctional Facility 4490 Reformatory Road Pendleton, IN 46064 All electronically registered counsel _______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana

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