BIBBS v. WERTMAN et al
Filing 76
ORDER granting Defendants' 50 Motion for Summary Judgment; granting 56 Motion for Summary Judgment. Defendants have shown that Mr. Bibbs did not exhaust his available administrative remedies prior to filing this lawsuit. The consequenc e of these circumstances, in light of 42 U.S.C. § 1997e(a), is that this lawsuit should not have been brought and must now be dismissed without prejudice. See Ford, 362 F.3d at 401 (7th Cir. 2004)("We therefore hold that all dismissals u nder § 1997e(a) should be without prejudice."). Defendant Wilson's motion for summary judgment, dkt. 50 , is granted and defendant Koj's motion for summary judgment, dkt. 56 , is granted. Mr. Bibb's Motion to Amend dkt. 67 and Dr. Koj's The Motion to Strike dkt. 70 are denied as moot. Judgment consistent with this Entry shall now issue. (See Order). Copy to Petitioner via U.S. Mail. Signed by Judge Tanya Walton Pratt on 3/26/2018. (MAC)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
