Abdul-Muhammad et al v. Kempker et al - 36 by justia

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									Abdul-Muhammad et al v. Kempker et al

Doc. 36

Case 4:04-cv-00057-CDP

Document 36

Filed 06/28/2007

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MALIK ABDUL-MUHAMMAD, et al., Plaintiffs, vs. GARY KEMPKER, et al., Defendants. ) ) ) ) ) ) ) ) ) )

Case No. 4:04CV57 CDP

MEMORANDUM AND ORDER This case has been remanded in light of the Supreme Court’s holding in Jones v. Bock, 127 S. Ct. 910 (2007). Defendants shall file a notice with the Court no later than July 17, 2007, informing the Court as to whether they still seek to argue lack of exhaustion. If defendants do decide to pursue this defense, they must file a motion to dismiss no later than July 24, 2007. Plaintiff’s response will be due no later than August 21, 2007, and any reply brief must be filed by September 4, 2007. Accordingly, IT IS HEREBY ORDERED that defendants shall file a notice with the Court no later than July 17, 2007, informing the Court as to whether they plan to

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Case 4:04-cv-00057-CDP

Document 36

Filed 06/28/2007

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pursue a failure to exhaust defense. If so, their motion to dismiss shall be filed no later than July 24, 2007. Plaintiff’s response is due by August 21, 2007, and any reply brief from defendants by September 4, 2007.

______________________________ CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE Dated this 28th day of June, 2007.

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