Opinion
CIV 03-4260.
February 4, 2007
MEMORANDUM OPINION AND ORDER
Defendants' reply brief on their summary judgment motion is due on February 28, 2007. The issue in the summary judgment motion is whether Plaintiff's action should be dismissed for failure to exhaust administrative remedies. The Supreme Court issued a decision on January 22, 2007, regarding exhaustion of administrative remedies under a section of the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a), see Jones v. Bock, Nos. 05-7058, 05-7142, 2007 WL 135890 (U.S. Jan. 22, 2007), which significantly impacts Defendants' arguments in this action. Thus, the Court will direct Defendants to address the impact of this decision in their reply brief due February 28, 2007, and will allow Plaintiff an opportunity to respond to Defendants' arguments about how Jones v. Bock, supra, affects the exhaustion issue before the Court. Accordingly,
IT IS ORDERED:
1. That, in their reply brief due February 28, 2007, Defendants shall address the impact of the Supreme Court's recent decision in Jones v. Bock, Nos. 05-7058, 05-7142, 2007 WL 135890 (U.S. Jan. 22, 2007), on their Motion for Summary Judgment for Failure to Exhaust Administrative Remedies, Doc. 154.
2. That, on or before March 9, 2007, Plaintiff may file a brief in response to Defendants' arguments in their reply brief regarding the impact of Jones v. Bock, supra, on the exhaustion issues in this action.