Opinion
No. CIV S-11-0966 DAD P.
April 29, 2011
ORDER
Plaintiff is a state prisoner proceeding pro se. This matter is set for jury trial on May 23, 2011, before the undersigned. Defendant Miller has filed a motion in limine, a motion for summary adjudication, and a motion to dismiss, all of which are based on plaintiff's purported failure to exhaust administrative remedies prior to filing this lawsuit. Defendant's motions have not been filed in compliance with the court's pretrial order and will be denied without prejudice to the raising of plaintiff's alleged failure to exhaust administrative remedies as an affirmative defense during the trial of this matter. See Order filed Apr. 12, 2011; see also Fed.R.Civ.P. 50 (authorizing the making of a motion for judgment as a matter of law in a jury trial before the case is submitted to the jury for decision).
Accordingly, IT IS HEREBY ORDERED that defendant's motions (Doc. Nos. 119-122) are denied.
DATED: April 28, 2011.