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- ilcd;;1:17-cv-01261_de44 RegisterActionDate "2018-04-10" @default.
- ilcd;;1:17-cv-01261_de44 RegisterActionDescriptionText "Text Order: Plaintiff pursues an excessive force claim arising from Defendant 73F1012 alleged spraying of mace in Plaintiff's face on November 21, 2016, after Plaintiff allegedly offered to stay silent about being given a toothbrush on crisis watch in return for an extra food tray. Defendant 73F1012 motion to extend his deadline for filing a summary judgment motion on exhaustion is granted. (d/e 30 .) Defendant 73F1012 has now filed his motion for summary judgment on exhaustion. Plaintiff has not responded, which is deemed an admission of the motion. CDIL-LR 7.1(D)(2). Defendant's evidence shows that the only possibly relevant grievance filed by Plaintiff was an emergency grievance filed on November 29, 2016, which asked for the removal of the tactical team from Plaintiff's housing unit because of alleged harsh treatment by the tactical team, including spraying Plaintiff twice with mace. The grievance does not mention the incident with Defendant 73F1012, and Defendant 73F1012 is not a member of the tactical team. (73F1012 Aff. 2.) This grievance does not give notice to prison authorities of any wrongdoing by 73F1012 and, therefore, does not exhaust as to Plaintiffs claim against 73F1012. Turley v. Rednour, 729 F.3d 645, 650 (7th Cir. 2013)(purpose of the exhaustion requirement is to provide notice of a problem to prison officials so that they have an opportunity to correct the problem). Defendant 73F1012 motion for summary judgment is granted. (d/e 32 .) This case is dismissed, without prejudice, for Plaintiff's failure to exhaust his administrative remedies. All other pending motions are denied as moot. (d/e 31 .) The clerk is directed to enter judgment and close this case. Entered by Judge Sue E. Myerscough on 04/10/2018. (SKN, ilcd) (Entered: 04/10/2018)" @default.
- ilcd;;1:17-cv-01261_de44 AdministrativeID "None" @default.
- ilcd;;1:17-cv-01261_de44 hasJudgeReference SJ001511 @default.
- ilcd;;1:17-cv-01261_de44 hasReferenceToOtherEntry ilcd;;1:17-cv-01261_de38 @default.
- ilcd;;1:17-cv-01261_de44 hasReferenceToOtherEntry ilcd;;1:17-cv-01261_de39 @default.
- ilcd;;1:17-cv-01261_de44 hasReferenceToOtherEntry ilcd;;1:17-cv-01261_de41 @default.