RICHARDSON v. BROWN et al

Filing 41

ORDER denying 38 Motion for Judgment on the Pleadings; denying as moot 40 Motion to Stay discovery; denying 35 Motion for Reconsideration for appointment of counsel; denying 36 Motion for Reconsideration for order pertaining to discovery. See Entry. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 3/14/2012. (RSF)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
MARCUS RICHARDSON,

vs.
DICK BROWN, et al.,

)
)
Plaintiff,
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)
)
)
)
)
Defendants. )

2:11-cv-161-JMS-WGH

Entry Discussing Selected Matters
I.
The plaintiff’s motion to reconsider the denial of his motion for appointment
of counsel in paragraph 4 of the Entry issued on January 30, 2012 [36], and his
motion to reconsider the order pertaining to discovery in paragraph 1 of that same
Entry [35] are each denied. See Patel v. Gonzales 442 F.3d 1011, 1015-1016 (7th Cir.
2006) (“A motion to reconsider asks that a decision be reexamined in light of
additional legal arguments, a change of law, or an argument that was overlooked
earlier . . . .”). None of the foregoing grounds are present here.
II.
The defendants have challenged the legal sufficiency of the claim through
their motion for judgment on the pleadings. That motion [38] is denied because the
authorities relied on in support of that motion are implicated only when an inmate
has been sanctioned in a fashion which is expected to extend the expected duration
of his confinement. That type of sanction is not mentioned in either the amended
complaint or the answer. Accordingly, although it is true that the decision in Heck v.
Humphrey, 512 U.S. 477 (1994), was extended in Edwards v. Balisok, 520 U.S. 641
(1997), those cases have not been shown to apply to the plaintiff’s claims.
Accordingly, the defendants are not entitled to judgment on the pleadings based on
the argument they advance.

III.
The defendants’ motion to stay discovery [40] is denied as moot.
IT IS SO ORDERED.

03/14/2012
Date: __________________
_______________________________

Distribution:

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

MARCUS RICHARDSON
DOC #944814
WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels
6908 S. Old U.S. Highway 41
P.O. BOX 500
CARLISLE, IN 47838
All Electronically Registered Counsel