Brown v. Correct Care Integrated Health et al

Filing 39

MEMORANDUM OPINION AND ORDER Signed by Judge Charles R. Simpson, III on 2/8/2011; the Court makes the determination that the Defendants have wholly failed to meet their burden in this case. For these reasons, IT IS ORDERED that Defendants' moti ons to dismiss (DNs) 16 , 20 , 27 , and 32 are DENIED.IT IS FURTHER ORDERED that within 30 days of the entry of this Order, Defendants shall file a renewed motion to dismiss if they intend to rely on the affirmative defense of exhaustion. Plain tiff shall have 30 days of the date contained on Defendant's certificate of service. Defendants may file a reply within 15 days of the date in Plaintiff's certificate of service; DN 11 is DENIED; DN 15 GRANTED; DN 22 DENIED; (DNs)[24 ] AND 25 are GRANTED; DN 29 GRANTED in part and DENIED in part. Discovery is stayed except discovery related to the issue of exhaustion of administrative remedies. Defendant Belcher filed a motion DN 32 , having received no objection, the motion is GRANTED and the attached motion to dismiss is deemed filed as of this date.cc:Plaintiff, pro se, Counsel (SC)