STEELE v. INDIANA DEPARTMENT OF CORRECTION et al

Filing 101

ENTRY Discussing Motions Relating to the Failure to Exhaust Administrative Remedies Defense. The motion for summary judgment filed by defendant Fleming [dkt. 76] is denied because the plaintiff has provided sufficient evidence to create a genuine issue of material fact as to whether the administrative process was available to him when he attempted to file a grievance on or about November 29, 2013, concerning the November 22, 2013, incident when defendants Flemming and Johnson allegedly denie d him the use of the restroom. See dkt. 98. The motion for Pavey hearing, filed by defendants Superintendent Knight, Matthew Johnson, and Sgt. Peters [dkt. 100] is granted. The merits of the failure to exhaust defense will be resolved as to all def endants at the hearing. The Court will set the Pavey hearing and a pretrial conference to prepare for that hearing in a separate Entry in the near future. Signed by Judge Jane Magnus-Stinson on 10/21/2015. Copy sent to Plaintiff via U.S. Mail. (BGT)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
SHAUN L. STEELE,

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Plaintiff,
v.
WENDY KNIGHT Superintendent, et al.,
Defendants.

No. 1:13-cv-00982-JMS-DKL

Entry Discussing Motions Relating to the Failure to Exhaust Administrative
Remedies Defense
I.
The motion for summary judgment filed by defendant Fleming [dkt. 76] is denied
because the plaintiff has provided sufficient evidence to create a genuine issue of material fact
as to whether the administrative process was available to him when he attempted to file a
grievance on or about November 29, 2013, concerning the November 22, 2013, incident when
defendants Flemming and Johnson allegedly denied him the use of the restroom. See dkt. 98.
II.
The motion for Pavey hearing, filed by defendants Superintendent Knight, Matthew
Johnson, and Sgt. Peters [dkt. 100] is granted. The merits of the failure to exhaust defense will
be resolved as to all defendants at the hearing.
The Court will set the Pavey hearing and a pretrial conference to prepare for that hearing
in a separate Entry in the near future.
IT IS SO ORDERED.

October 21, 2015
Date: __________________

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution:
SHAUN L. STEELE
994225
MIAMI - CF
MIAMI CORRECTIONAL FACILITY
Inmate Mail/Parcels
3038 West 850 South
BUNKER HILL, IN 46914
Electronically registered counsel