SMITH v. WRIGLEY et al

Filing 19

NOTICE of Withdrawal of Failure to Exhaust Administrative Remedies Defense, filed by Defendant JEFF WRIGLEY (Paul, Bruce)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ERIC D. SMITH, PLAINTIFF v. JEFF WRIGLEY AND EDWARD G. BUSS, DEFENDANTS. NOTICE OF WITHDRAWAL OF FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES DEFENSE Comes now the Defendant, Jeff Wrigley, and provides notice to the Court that, upon review of Inmate Smith's grievance files, Defendant, Jeff Wrigley, is withdrawing his failure to exhaust affirmative defense and will not be filing a dispositive motion on this ground on or before October 5, 2009. CAUSE NO. 1:09-CV-0964-WTL-JMS

s/Bruce B. Paul Bruce B. Paul Supreme Court No. 25731-10 STITES & HARBISON, PLLC 323 East Court Avenue Jeffersonville, IN 47130 Telephone: [phone] COUNSEL FOR DEFENDANT, JEFF WRIGLEY

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CERTIFICATE OF SERVICE I hereby certify that on October 2, 2009, a copy of the foregoing document was filed electronically. Notice of this filing will be sent to the following parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. Corinne Gilchrist Deputy Attorney General Corinne.Gilchrist @atg.in.gov Lynne D. Hammer Deputy Attorney General [e-mail]

I hereby certify that a copy of the foregoing was served by United States First Class Mail, postage prepaid, on this 1st day o f October, 2009 upon: Eric D. Smith, #112675 NCCF P. O. Box A New Castle, IN 47362

s/Bruce B. Paul Bruce B. Paul

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