LEWICKI v. ZATECKY et al

Filing 18

ENTRY Directing Further Proceedings - The defendants shall have through November 29, 2017, in which to either 1) file a dispositive motion in support of the affirmative defense that the plaintiff failed to exhaust his administrative remedies prio r to filing this lawsuit, 2) notify the Court that this affirmative defense is not amenable to resolution through a dispositive motion, or 3) notify the Court that the defendants will not pursue the affirmative defense of failure to exhaust. If a dispositive motion is filed, the plaintiff shall have twenty-eight (28) days in which to respond. The defendants shall then have fourteen (14) days in which to reply. Except for activities associated with the development and resolution of the defendants' affirmative defense that the plaintiff failed to exhaust his administrative remedies prior to filing this action, or any other matter directed by the Court, any other activities or deadlines in the action are stayed. See entry for details. Signed by Judge Tanya Walton Pratt on 10/24/2017. (MEJ)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

DAVID LEWICKI,
Plaintiff,
vs.
DUSHAN ZATECKY, Superintendent for the
Pendleton Correction Facility, et al.,
Defendants.

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No. 1:17-cv-02564-TWP-DML

Entry Directing Further Proceedings
The defendants have asserted the affirmative defense that the plaintiff failed to exhaust his
administrative remedies prior to filing this lawsuit. This defense must be resolved before reaching
the merits of this case. Pavey v. Conley, 544 F.3d 739, 742 (7th Cir. 2008); Perez v. Wis. Dep’t of
Corr., 182 F.3d 532, 536 (7th Cir. 1999) (“The statute [requiring administrative exhaustion] can
function properly only if the judge resolves disputes about its application before turning to any
other issue in the suit.”). Accordingly, the defendants shall have through November 29, 2017, in
which to either 1) file a dispositive motion in support of the affirmative defense that the plaintiff
failed to exhaust his administrative remedies prior to filing this lawsuit, 2) notify the Court that
this affirmative defense is not amenable to resolution through a dispositive motion, or 3) notify the
Court that the defendants will not pursue the affirmative defense of failure to exhaust. If a
dispositive motion is filed, the plaintiff shall have twenty-eight (28) days in which to respond.
The defendants shall then have fourteen (14) days in which to reply.
Except for activities associated with the development and resolution of the defendants’
affirmative defense that the plaintiff failed to exhaust his administrative remedies prior to filing

this action, or any other matter directed by the Court, any other activities or deadlines in the action
are stayed.
IT IS SO ORDERED.

Date: 10/24/2017

Electronic distribution to counsel of record via CM/ECF and to:
DAVID LEWICKI
104771
PENDLETON - CF
PENDLETON CORRECTIONAL FACILITY
Inmate Mail/Parcels
4490 West Reformatory Road
Electronic Service Participant - Court only