Anderson, Christopher v. Rock County Jail Medical Staff et. al.

Filing 55

ORDER setting additional briefing on exhaustion defense. Should plaintiff file a new lawsuit, the court will hold a scheduling conference to discuss consolidation and expedited trial date of February 12, 2018. Signed by District Judge William M. Conley on 8/8/2017. (elc),(ps)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN CHRISTOPHER A. ANDERSON, Plaintiff, OPINION AND ORDER v. 14-cv-831-wmc DR. BUTLER, et al., Defendants. The court held a Pavey hearing at which the plaintiff, Christopher Anderson, appeared pro se and defendants appeared by counsel. After hearing evidence and closing arguments, the court established the following briefing schedule: 1. Defendants may have until Tuesday, August 15, 2017, to file any additional evidence or legal argument with respect to whether Mr. Anderson’s apparent confusion over his ability to file a grievance on medical issues is sufficient to excuse him from the exhaustion defense given his likely psychotic break at the end of January 2013. See Weiss v. Barribeau, 853 F.3d 873 (7th Cir. 2017). 2. Plaintiff may have until Tuesday, August 22, 2017, to file a response, if any. 3. Should plaintiff file a new lawsuit renewing his claims in this case, the court will hold a scheduling conference to discuss possible consolidation and an expedited trial date of February 12, 2018. Entered this 8th day of August, 2017. BY THE COURT: /s/ WILLIAM M. CONLEY District Judge 1

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