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Bakhtiari v. Walton

United States District Court, S.D. Illinois

February 10, 2014

ALIREZA BAKHTIARI, Plaintiff,
v.
J. WALTON, UNITED STATES of AMERICA, M. WINKLMEIER, M. BAGWELL, D. SZOKE, L. DUNCAN, J. BAGWELL, and R. STRAUSS, Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on the December 6, 2013, order for plaintiff Alireza Bakhtiari to show cause on or before December 30, 2013, why, to the extent any request for a permanent injunction remains pending in this case, such claim should not be dismissed for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a) (Doc. 38). The Court extended Bakhtiari's response deadline to January 25, 2014 (Doc. 40). As of today, the Court has received nothing from Bakhtiari except a motion to compel the defendants to allow him access to the Court by providing him stamps, envelopes, paper and a pen (Doc. 42) and a notice that on January 16, 2014, he mailed objections to a Report and Recommendation (Doc. 43). Neither of these filings addresses whether Bakhtiari has exhausted his administrative remedies with respect to his request for permanent injunctive relief, the only remaining claim in this case.

Bakhtiari having failed to show cause why his claims for permanent injunctive relief should not be dismissed for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a), the Court DISMISSES those claims without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly. The Court DENIES as moot Bakhtiari's motion to compel preservation and production of evidence (Doc. 37) and motion to compel the defendants to allow him access to the Court by providing him stamps, envelopes, paper and a pen (Doc. 42). Should Bakhtiari's January 16, 2014, objections ever arrive at the Court, it will decide at that time how to treat them.

IT IS SO ORDERED.


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