Bowman v. Korte, No. 18-2371 (7th Cir. 2020)
Annotate this CaseBowman, a prisoner at the Western Illinois Correctional Center, reported abuse by prison guards in a grievance he filed within the prison. The prison denied the complaint. The state’s Administrative Review Board affirmed. Bowman then filed suit under 42 U.S.C. 1983,. As trial was fast approaching, the defendant correctional officers filed a motion, alleging that his case, which had been pending for nearly three years, should be dismissed on summary judgment for his failure to exhaust administrative remedies. The defendants had already filed an unsuccessful summary judgment motion and the second motion came nearly two years after the deadline the court had set for any motion based on a failure to exhaust administrative remedies. The defendants offered no reason for the late second motion. Defense counsel indicated that she had learned only recently that Bowman (who was proceeding pro se) did not name the defendants or allege a failure to intervene in his grievance, so he failed to exhaust his remedies. The district court allowed the motion. The Seventh Circuit vacated. Nothing in the record supported the district court’s allowing the second summary judgment motion without making the “excusable neglect” finding required by FRCP 6(b)(1)(B).
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