COOPER v. BROWN

S.D. Indiana

COOPER v. BROWN

DecidedApril 6, 2020

Docket2:19-cv-00477

StatusUnknown

This text of COOPER v. BROWN (COOPER v. BROWN) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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COOPER v. BROWN, (S.D. Ind. 2020).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

JERRY COOPER, ) ) Plaintiff, ) ) v. ) No. 2:19-cv-00477-JPH-MJD ) RICHARD BROWN, et al. ) ) Defendants. )

Order Dismissing Action and Directing Entry of Final Judgment

Plaintiff Jerry Cooper, an inmate at the Wabash Valley Correctional Facility, brought this action pursuant to 42 U.S.C. § 1983. He sues Warden Richard Brown, Dr. Samuel Byrd, Kim Hobson, Regina Robinson, Corizon Medical, Inc., and Wexford Health Services, Inc. His claims concern inadequate and delayed treatment for abdominal pain he experienced in 2016 and 2017. In the Order of February 3, 2020, the Court screened Mr. Cooper’s complaint and dismissed it because it was brought outside the applicable statute of limitations. The Court gave Mr. Cooper the opportunity to show cause why this action should not be dismissed. Mr. Cooper has not responded, and the deadline to do so has passed. Because the statute of limitations expired before Mr. Cooper filed this lawsuit, it must be dismissed. See Muhammad–Ali v. Final Call, Inc. 832 F.3d 755, 763 (7th Cir. 2016) (“Although untimeliness is an affirmative defense, a complaint can be dismissed sua sponte if a valid affirmative defense is so plain from the face of the complaint that the suit is frivolous.”). Judgment consistent with this order shall now issue. SO ORDERED. Date: 4/6/2020 Sjamnu Pataick Hanbor James Patrick Hanlon United States District Judge Southern District of Indiana

Distribution: JERRY COOPER 935545 WABASH VALLEY - CF WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels Electronic Service Participant — Court Only

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

JERRY COOPER, ) ) Plaintiff, ) ) v. ) No. 2:19-cv-00477-JPH-MJD ) RICHARD BROWN, et al. ) ) Defendants. )

Order Dismissing Action and Directing Entry of Final Judgment

Plaintiff Jerry Cooper, an inmate at the Wabash Valley Correctional Facility, brought this action pursuant to 42 U.S.C. § 1983. He sues Warden Richard Brown, Dr. Samuel Byrd, Kim Hobson, Regina Robinson, Corizon Medical, Inc., and Wexford Health Services, Inc. His claims concern inadequate and delayed treatment for abdominal pain he experienced in 2016 and 2017. In the Order of February 3, 2020, the Court screened Mr. Cooper’s complaint and dismissed it because it was brought outside the applicable statute of limitations. The Court gave Mr. Cooper the opportunity to show cause why this action should not be dismissed. Mr. Cooper has not responded, and the deadline to do so has passed. Because the statute of limitations expired before Mr. Cooper filed this lawsuit, it must be dismissed. See Muhammad–Ali v. Final Call, Inc. 832 F.3d 755, 763 (7th Cir. 2016) (“Although untimeliness is an affirmative defense, a complaint can be dismissed sua sponte if a valid affirmative defense is so plain from the face of the complaint that the suit is frivolous.”). Judgment consistent with this order shall now issue. SO ORDERED. Date: 4/6/2020 Sjamnu Pataick Hanbor James Patrick Hanlon United States District Judge Southern District of Indiana

Distribution: JERRY COOPER 935545 WABASH VALLEY - CF WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels Electronic Service Participant — Court Only

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COOPER v. BROWN, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-brown-insd-2020.

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