Burgess v. Daniels et al

Filing 39

ORDER granting 30 Motion for Leave to File Motion for Summary Judgment Concerning Lack of Exhaustion of Administrative Remedies. Defendants' Motion for Summary Judgment and the associated exhibits (Docs. # 30-2, # 30-3) are accepted for filing nunc pro tunc December 20, 2013. The Motion is now fully briefed, with the filing of Mr. Burgesss 31-page Response (Doc. # 35) and Defendants Reply (Doc. # 37). By Magistrate Judge Craig B. Shaffer on 1/27/14.(mfiel, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-02191-PAB-CBS COREY BURGESS, Plaintiff, v. CHARLES A. DANIELS, PAUL A. KASTNER, and PAUL M. LAIRD, Defendants. ORDER Magistrate Judge Craig B. Shaffer This civil action comes before the court on Defendants “Motion for Leave to File Motion for Summary Judgment Concerning Lack of Exhaustion of Administrative Remedies . . . .” Pursuant to the Order Referring Case dated October 23, 2013 (Doc. # 20) and the memorandum dated December 20, 2013 (Doc. # 31), this matter was referred to the Magistrate Judge. The court having reviewed the Motion, the entire case file, and the proceedings held on January 23, 2014 (see Courtroom Minutes/Minute Order (Doc. # 38)) and being sufficiently advised in the premises, IT IS ORDERED that: 1. Defendants “Motion for Leave to File Motion for Summary Judgment Concerning Lack of Exhaustion of Administrative Remedies . . . ” (filed December 20, 2013) (Doc. # 30) is GRANTED. 2. “Defendants’ Motion for Summary Judgment” and the associated exhibits (Docs. # 30-2, # 30-3) are accepted for filing nunc pro tunc December 20, 2013. 1 3. The Motion is now fully briefed, with the filing of Mr. Burgess’s 31-page Response (Doc. # 35) and Defendants’ Reply (Doc. # 37). DATED at Denver, Colorado, this 27th day of January, 2014. BY THE COURT: s/Craig B. Shaffer United States Magistrate Judge 2

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