Spencer v. Rosso et al

Filing 215

ORDER: Defendants shall file a Motion for Summary Judgment addressing their affirmative defense of failure to exhaust, by 3/9/2018. The plaintiff shall file an Opposition to the defendants' Motion for Summary Judgment, by 3/13/2018. Signed by Judge John W. deGravelles on 3/7/2018. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
EDMOND SPENCER (#253212)

CIVIL ACTION

VERSUS
WILLIAM ROSSO, ET AL.

NO. 15-0078-JWD-RLB
ORDER

This matter is set for trial beginning on March 19, 2018; however, whether the plaintiff
exhausted his administrative remedies with regards to his retaliation claim remains at issue. The
judge may resolve disputed facts concerning exhaustion. See Dillon v. Rogers, 596 F.3d 260 (5th
Cir. 2010). Accordingly,
IT IS ORDERED that the defendants shall, by March 9, 2018, file a Motion for Summary
Judgment addressing their affirmative defense of failure to exhaust.
IT IS FURTHER ORDERED that the plaintiff shall, by March 13, 2018, file an
Opposition to the defendants’ Motion for Summary Judgment.
Signed in Baton Rouge, Louisiana, on March 7, 2018.

S

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA