White v. Poore

ORDER

Tanya Walton Pratt, Judge.

Donyall White, a prisoner in Indiana, challenges the dismissal of his lawsuit under 42 U.S.C. § 1983 claiming that Vicki Poore was deliberately indifferent to the constant pain in White’s feet, ankles, legs, hips, back, and neck. White argues that the district court erred in dismissing his lawsuit solely on the basis of claim preclusion. We agree with White and remand for further proceedings.

The district court dismissed this action on the pleadings, see Fed. R. Crv. P. 12(c), and thus for purposes of this appeal we accept as true the facts alleged in White’s…