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Lawrence v. Richardson

United States District Court, S.D. Indiana, Indianapolis Division

September 5, 2014

TRACY L. LAWRENCE, Plaintiff,
v.
RON RICHARDSON, SHELLY SPARKS, TYLER JUGG, R. PERKINS, Defendants.

ORDER DENYING DEFENDANT SPARKS' MOTION TO DISMISS

SARAH EVANS BARKER, District Judge.

This cause is before the Court on Defendant Shelly Sparks' Motion to Dismiss [Docket No. 30], filed on December 6, 2013 pursuant to Federal Rule of Civil Procedure 12(b).[1]

Defendant Sparks seeks dismissal on the same grounds as did Defendants Richardson, Jugg, and Perkins, whose motion to dismiss [Docket No. 19] asserted that Plaintiff had failed to exhaust his administrative remedies before filing suit, in violation of the Prison Litigation Reform Act, 42 U.S.C. ยง 1997e(a). On July 7, 2014, the Court denied Sparks's co-Defendants' motion, concluding that, pursuant to the Seventh Circuit's ruling in Pavey v. Conley, 528 F.3d 494, 497-498 (7th Cir. 2008), it was necessary to conduct a hearing on the factual questions raised by the failure to exhaust defense.

Because this motion to dismiss relies solely on Plaintiff's purported failure to exhaust administrative remedies, see Docket No. 31 at 2-3, it too is DENIED. If Defendant Sparks requires additional time to conduct discovery in preparation for the Court's Pavey hearing, she may advise the Court of any such need.

IT IS SO ORDERED.


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