Opinion
Civil Action No. 12-cv-01326-RBJ-KLM
09-24-2012
JAMES SARDAKOWSKI, Plaintiff, v. TOM CLEMENTS, in his individual capacity, TRAVIS TRANI, in his individual capacity, and KAVIN SNYDER, in his individual capacity, Defendants.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff's opposed Motion to Hold in Abeyance Defendant's Motion to Dismiss (Doc. 17) [Docket No. 38; Filed September 20, 2012] (the "Motion"). Plaintiff initiated this case pro se on May 21, 2012. Defendants filed a Motion to Dismiss [#17] on July 9, 2012, which was subsequently referred to the undersigned [#18]. The Court issued a Minute Order [#19] requiring Plaintiff and Defendants to file a Response and a Reply, respectively, addressing only the exhaustion-of-administrative-remedies argument. Plaintiff filed a Response on July 23, 2012 [#24], and Defendants filed a Reply on August 8, 2012 [#30]. On September 7, 2012, counsel entered an appearance on behalf of Plaintiff [#32]. Because Plaintiff is now represented, and because Plaintiff plans on filing an Amended Complaint, Plaintiff asks the Court to temporarily hold in abeyance the pending Motion to Dismiss [#17].
IT IS HEREBY ORDERED that the Motion [#38] is GRANTED. The Court shall hold in abeyance the Motion to Dismiss [#17] through and including October 25, 2012.