Davis, Quavon v. Layman, Daniel

Filing 33

ORDER that the motion for summary judgment filed by defendants Jesse Beaver and Donna Mayhew, dkt. # 29 , is GRANTED. Plaintiff's claims against defendants Beaver and Mayhew are DISMISSED without prejudice. Signed by District Judge Barbara B. Crabb on 5/31/2018. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
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QUAVON DAVIS,
ORDER
Plaintiff,
17-cv-704-bbc
v.
DANIEL LAYMAN, JESSE BEAVER
and DONNA MAYHEW,
Defendant.
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Pro se plaintiff Quavon Davis, who is incarcerated at the Columbia Correctional
Institution, is proceeding on Eighth Amendment claims that staff at the institution
dispensed the wrong medication to him and failed to treat his resulting symptoms in an
adequate or timely manner. Now before the court is a motion for summary judgment filed
by defendants Jesse Beaver and Donna Mayhew asking that the court dismiss the claims
against them on the ground that plaintiff failed to exhaust his administrative remedies with
respect to those claims. Dkt. #29. Because plaintiff admits that he did not exhaust his
administrative remedies with respect to these defendants and asks that they be dismissed,
dkt. #32, I will grant the motion for summary judgment and dismiss his claims against
defendants Beaver and Mayhew without prejudice.

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ORDER
IT IS ORDERED that the motion for summary judgment filed by defendants Jesse
Beaver and Donna Mayhew, dkt. #29, is GRANTED. Plaintiff’s claims against defendants
Beaver and Mayhew are DISMISSED without prejudice.
Entered this 31st day of May, 2018.
BY THE COURT:
/s/
________________________
BARBARA B. CRABB
District Judge

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