BIBBS v. WERTMAN et al

Filing 43

ENTRY DISCUSSING PENDING MOTIONS- 38 Motion for Copies is granted. The clerk is directed to include a copy of docket numbers 12 and 23, along with the plaintiff's copy of this Entry. 41 Motion for Clerk's Entry of Default is denied. This is because the time to answer or otherwise respond to the complaint was extended through October 25, 2017. See Entry for details. Signed by Judge Tanya Walton Pratt on 9/28/2017. (Copy mailed to Plaintiff) (MEJ)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

WILLIAM JEROME BIBBS,
Plaintiff,
vs.
THE UNITED STATES OF AMERICA,
Dr. WILSON, Dr. KOJIMAD,
Defendants.

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Case No. 1:16-cv-03338-TWP-DML

Entry Discussing Pending Motions
This matter is before the Court on two pending motions which the Court will address in
turn.
I. Copy Request
The plaintiff’s motion for a copy of 1) the second amended complaint and attachments filed
March 24, 2017, and 2) summons for Dr. Wilson and Dr. Kojiad, dkt [38], is granted.
The clerk is directed to include a copy of docket numbers 12 and 23, along with the
plaintiff’s copy of this Entry.
II. Entry of Default
The plaintiff’s motion for Clerk’s Entry of Default, dkt [41], is denied. This is because the
time to answer or otherwise respond to the complaint was extended through October 25, 2017. In
addition, this action is subject to the requirements of the Prison Litigation Reform Act (“PLRA”).
The Supreme Court has made it clear that “unlike in the typical civil case, defendants do not have
to respond to a complaint covered by the PLRA until required to do so by the court, and waiving

the right to reply does not constitute an admission of the allegations in the complaint.” Jones v.
Bock, 549 U.S. 199, 213–14 (2007); 42 U.S.C. § 1997e(g)(2).

IT IS SO ORDERED.

Date: 9/28/2017

Distribution:
WILLIAM JEROME BIBBS
47202-039
BUTNER - MEDIUM II FCI
BUTNER MEDIUM II FEDERAL CORRECTIONAL INSTITUTION
Inmate Mail/Parcels
P.O. BOX 1500
BUTNER, NC 27509
Michael S. Hult
SCHULTZ & POGUE LLP
[e-mail]
Jon M. Pinnick
SCHULTZ & POGUE LLP
[e-mail]
Kelly Rota
U.S. ATTORNEY'S OFFICE OF THE SOUTHERN DISTRICT OF INDI
[e-mail]