RUIZ v. SMITH

Filing 12

ENTRY Directing Development of Exhaustion Defense and Issuing Partial Stay - The defendant shall have through March 21, 2017, in which to either 1) file a dispositive motion in support of the affirmative defense that the plaintiff failed to exhaust h is 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 defendant will not pursue the affirmative defense o f failure to exhaust. If a dispositive motion is filed, the plaintiff shall have twenty-eight (28) days in which to respond. The defendant shall then have fourteen (14) days in which to reply. Except for activities associated with the development an d resolution of the defendant's 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. Signed by Judge Tanya Walton Pratt on 2/21/2017 (copy mailed to plaintiff).(LBT)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
NEW ALBANY DIVISION
ALAN JOSUE RUIZ,
Plaintiff,
vs.
SMITH Sgt.,
Defendant.

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No. 4:16-cv-00227-TWP-TAB

Entry Directing Development of Exhaustion Defense and Issuing Partial Stay

The Court, having considered the above action and the matters which are pending, makes
the following rulings:
The defendant has 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 defendant shall have through March
21, 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 defendant 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 defendant shall then have fourteen (14) days in which to reply.

Except for activities associated with the development and resolution of the defendant’s
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: 2/21/2017

Distribution:
ALAN JOSUE RUIZ
7270
CLARK COUNTY JAIL
Inmate Mail/Parcels
501 East Court Avenue
Jeffersonville, IN 47130
Electronically registered counsel