Magee v. Harris et al

Filing 65

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Motion for Summary Judgment 35 is Denied. The parties are afforded a hearing on the issue of exhaustion, if requested, prior to trial. Any party requesting such hearing should do so by September 10, 2017.Otherwise, the issue of exhaustion will be an issue to be addressed at trial. Signed by District Judge Keith Starrett on 8/29/2017 (dtj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION

KENDALL MAGEE

VERSUS
MTP

PLAINTIFF

CIVIL ACTION NO. 2:16-cv-172 KS-

SHIRLEY HARRIS, ET AL

DEFENDANTS

ORDER
This cause came on this date to be heard upon the Report and Recommendation of the
United States Magistrate Judge entered herein on June 22, 2017, after referral of hearing by this
Court, no objections having been filed as to the Report and Recommendation, and the Court,
having fully reviewed the same as well as the record in this matter, and being duly advised in the
premises, finds that said Report and Recommendation should be adopted as the opinion of this
Court.
IT IS, THEREFORE, ORDERED that the Report and Recommendation be, and the same
hereby is, adopted as the finding of this Court, and the Court orders the following:
1 That the Motion for Summary Judgment [35] is DENIED, and
2.That the parties are afforded an evidentiary hearing on the issue of exhaustion as
referenced in Dillon v. Rogers 596 F.3d 266, if requested, prior to trial. In accordance with the
Order [18] referring this case for proposed findings of fact and recommendations, the Magistrate
Judge will hold this hearing and make findings and recommendations as to disposition of the
issue of exhaustion as appropriate. It is further Ordered that any party requesting such a hearing
should do so by September 10, 2017. Otherwise, the issue of exhaustion will be an issue to be

addressed at trial.

SO ORDERED, his the __29th____ day of August, 2017.

__s/Keith Starrett__________________
UNITED STATES DISTRICT JUDGE