Robert Lionel Sanford v. Clark Kelso et al
Filing 39
MEMORANDUM AND ORDER DISMISSING CASE by Magistrate Judge Carla Woehrle, It is therefore ORDERED as follows: 1. The First Amended Complaint is dismissed with leave to amend. 2. Defendants motion to dismiss (docket no. 27, filed June 3, 2010) is MOOT i n light of the above. 3. If Plaintiff can amend by showing that he has completed the administrative exhaustion requirement, he shall do so in writing, on or before February 23, 2011, attaching any supporting evidence. 4. If Plaintiff can demonstrate administrative exhaustion, the court will review the First Amended Complaint under the PLRA (also considering the other issues raised in the motion to dismiss), and shall issue further orders as appropriate. 5. If Plaintiff cannot demonstrate administrative exhaustion, the magistrate judge will recommend that this action be dismissed without prejudice. re: MOTION to Dismiss PLAINTIFFS COMPLAINT; MEMORANDUM 27 , Amended Complaint, 13 (SEE ORDER FOR FURTHER DETAILS) (lmh)
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