IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
October 11, 2011
MAURICE WALLACE, PLAINTIFF,
CHAD PARRISH, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Donald G. Wilkerson United States Magistrate Judge
Pending before the Court is a Motion for Summary Judgment on the Issue of Exhaustion and Supplemental Memorandum in Support (Docs. 67, 83) filed by Defendants Kenneth Bartley, Yolanda Johnson, Sheila Clark and Chad Parrish and Motion for Leave to File Fourth Amended Complaint and Memorandum in Support filed by Plaintiff Maurice Wallace (Doc. 101). The Court took up these matters in a Pavey hearing on October 5, 2011.
Having reviewed the pleadings and after being duly advised in the premises, the Court GRANTS IN PART Defendants' Motion for Summary Judgment on the Issue of Exhaustion (Doc. 67) and GRANTS Plaintiff's Motion for Leave to File Fourth Amended Complaint and Memorandum in Support (Doc. 101).
Accordingly, IT IS HEREBY ORDERED:
(1) Plaintiff failed to exhaust his administrative remedies as to claims (a), (b), (c), (d), (e), (f), (g), (h), (i), (k) and (m) in his Third Amended Complaint asserted against Defendant Yolanda Johnson. Therefore, these claims are DISMISSED with PREJUDICE;
(2) Plaintiff failed to exhaust his administrative remedies as to the claims against Defendant Chad Parrish asserted in paragraphs 20, 22, 23 and 27 of the Third Amended Complaint. Therefore, the claims are DISMISSED with PREJUDICE; and
(3) Plaintiff is GRANTED LEAVE to file a Fourth Amended Complaint consistent with this Order by October 26, 2011.
IT IS SO ORDERED.
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