Chestang v. Westbrook et al
ORDER denying pltf's 19 Motion for Default Judgment or Order to Show Cause; defts are directed to file a supplement to their motion to dismiss, which addresses the tolling issue, no later than 14 days after the entry of this Order; pltf is directed to file a response within 14 days thereafter. Signed by Magistrate Judge H. David Young on 11/18/11. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
KEONDRA M. CHESTANG
NO: 2:11CV00133 JLH/HDY
VALERIE WESTBROOK et al.
Plaintiff Keondra M. Chestang filed this complaint on August 4, 2011, and service was
ordered. Defendants were served with the summons and complaint on October 12, 2011 (docket
entries #14 & #15). On November 18, 2011, Plaintiff filed a motion for a default judgement or for
an order to show cause, asserting that Defendants have not filed a timely response to his complaint
(docket entry #19). However, Defendants filed a timely motion to dismiss on October 31, 2011
(docket entry #17). Accordingly, Defendants are not in default. See Fed. R. Civ. P. 12.
The undersigned notes that United States District Judge J. Leon Holmes has directed that the
record be more fully developed, including as to the issue of whether the statute of limitations is
tolled while a prisoner seeks to exhaust his administrative remedies (docket entry #10). Although
Defendants have filed a motion to dismiss, and have asserted that Plaintiff’s complaint is barred by
the statute of limitations, they have not addressed the issue of whether the statute of limitations
should be tolled while Plaintiff was attempting exhaustion. Accordingly, Defendants are directed
to file a supplement to their motion to dismiss, which address the tolling issue, no later than 14 days
after the entry of this order. Plaintiff must file his response to Defendants’ motion, as supplemented,
no later than 14 days after the supplement is filed.
IT IS THEREFORE ORDERED THAT:
Plaintiff’s motion for a default judgment or order to show cause (docket entry #19)
Defendants are directed to file a supplement to their motion to dismiss, which
addresses the tolling issue, no later than 14 days after the entry of this order.
Plaintiff is directed to file a response to Defendants’ motion, as supplemented, no
later than 14 days after the supplement is filed.
DATED this 18
day of November, 2011.
UNITED STATES MAGISTRATE JUDGE
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