CHARLES v. CORIZON

Filing 20

ENTRY: The plaintiff's filing of February 20, 2014, shall be treated as his response to the defendant's motion for summary judgment for failure to exhaust administrative remedies. The defendant's reply shall be filed not later than March 7, 2014. In his response, the plaintiff asserts that prison staff have prevented him from completing the administrative remedy process. In addition to asserting that arg ument, he requests that he be given additional time to complete the administrative remedy process. The plaintiff's motion for extension of time to complete exhaustion [dkt. 19] is denied because &q uot;[a] prisoner may not file a lawsuit before exhausting his administrative remedies, even if he exhausts those remedies while the litigation is pending." Cannon v. Washington, 418 F.3d 714, 719 (7th Cir. 2005). Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 2/24/2014. (SWM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
ELMER D. CHARLES,
Plaintiff,
v.
CORIZON,
Defendant.

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) Case No. 1:13-cv-01820-JMS-DKL
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ENTRY

The plaintiff’s filing of February 20, 2014, shall be treated as his response to the
defendant’s motion for summary judgment for failure to exhaust administrative remedies. The
defendant’s reply shall be filed not later than March 7, 2014.
In his response, the plaintiff asserts that prison staff have prevented him from completing
the administrative remedy process. In addition to asserting that argument, he requests that he be
given additional time to complete the administrative remedy process. The plaintiff’s motion for
extension of time to complete exhaustion [dkt. 19] is denied because “[a] prisoner may not file a
lawsuit before exhausting his administrative remedies, even if he exhausts those remedies while
the litigation is pending.” Cannon v. Washington, 418 F.3d 714, 719 (7th Cir. 2005).
IT IS SO ORDERED.
_______________________________

02/24/2014
Date: __________________

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

Distribution
Elmer D. Charles, 985019, New Castle Correctional Facility, Inmate Mail/Parcels, 1000 Van
Nuys Rd., P. O. Box A, New Castle, IN 47362
Electronically registered counsel