Rodgers v. Lewis et al

Filing 12

RULING: Plaintiff's motion to continue the motions for partial summary judgment (doc. 10 ) is GRANTED insofar as plaintiff seeks further discovery before the Court addresses the motion for summary judgment on the merits of the claims asserted ( doc 9 ). The motion (doc. 10 ) is also GRANTED insofar as plaintiff seeks to have the Motion for Partial Summary Judgment for Failure to Exhaust Administrative Remedies (doc. 4 ) continued until after the Court rules on the pending motion to reman d. The motion to continue (doc. 10 ) is DENIED otherwise. Further, the motion for summary judgment on the merits of the claims asserted (doc. 9 ) be TERMINATED without prejudice to the right of defendants to reassert the motion after substantial di scovery has been performed. Further, should the Court determine that it has subject matter jurisdiction, plaintiff shall file his opposition to the Motion for Partial Summary Judgment for Failure to Exhaust Administrative Remedies within ten days of the Court's final ruling on the motion to remand. Signed by Judge Brian A. Jackson on 3/16/11. (BP)