Sweet v. Trost, 3:18-cv-00097

Plaintiff Derek Sweet, an incarcerated individual, filed a § 1983 suit (3:18-cv-00097) and proceeded to a Pavey hearing on exhaustion of administrative remedies.
Magistrate Judge Mark A. Beatty concluded Sweet failed to exhaust administrative remedies, finding Sweet had received a response to his initial grievance and admitted nothing prevented him from placing grievances in the required pick-up box.
Defendants moved for summary judgment on exhaustion; Magistrate Judge Beatty recommended granting that motion.
Sweet objected to the Report; the district court reviewed the objections de novo and found they merely rehashed prior arguments and did not undermine the Report’s reasoning.
Sweet also moved for a free copy of his Pavey hearing transcript but did not demonstrate financial inability or provide a certified trust-account statement, as required to obtain complimentary copies.
The district court adopted the Report, granted summary judgment for defendants on exhaustion, denied the transcript request, dismissed the case without prejudice, and directed entry of judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Sweet exhausted administrative remedies	Sweet contends he did not receive a grievance response and/or was prevented from properly filing grievances	Defendants argue Sweet received a response and admitted nothing prevented him from placing grievances in the pick-up box	Court: Sweet failed to exhaust; summary judgment for defendants granted
Whether Magistrate Judge’s factual findings warranted de novo review	Sweet objected to the Report’s findings	Defendants argued Report was correct and supported by record and Pavey hearing	Court reviewed objections de novo, found no merit, adopted Report
Whether Sweet is entitled to a free transcript of the Pavey hearing	Sweet requested complimentary transcript without submitting proof of indigence or exhaustion of other means	Defendants opposed; asserted no constitutional right to free copies absent showing of need and indigence	Court denied the motion for free transcript for failure to show financial inability and necessity
Remedy and disposition	Sweet sought to continue litigation	Defendants sought dismissal based on failure to exhaust	Court dismissed the case without prejudice and entered judgment for defendants

Pavey v. Conley, 544 F.3d 739 (7th Cir. 2008) (framework for adjudicating failure-to-exhaust defenses after a Pavey hearing)
Johnson v. Zema Sys. Corp., 170 F.3d 734 (7th Cir. 1999) (standard of review for magistrate judge reports and recommendations)
United States v. Groce, 838 F. Supp. 411 (E.D. Wis. 1993) (no constitutional right to free copies of court files; standards for providing copies at government expense)
United States v. Wilkinson, 618 F.2d 1215 (7th Cir. 1980) (requirements for obtaining government-funded copies of records)
Rush v. United States, 559 F.2d 455 (7th Cir. 1977) (discussing standards for furnishing copies to indigent litigants)