BLACKWELL v. COHEN et al

Filing 60

MEMORANDUM OPINION & ORDER: The parties may submit any other evidence, such as affidavits or declarations, they wish the Court to consider on the exhaustion issue within 30 days of this Order. Signed by Judge Noel L. Hillman on 4/14/2020. (tf, n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

INSPIRATION BLACKWELL,
Plaintiff,

1:16-cv-5342 (NLH) (AMD)
MEMORANDUM OPINION & ORDER

v.
WARDEN GERALDINE COHEN, et
al.,
Defendants.

APPEARANCES:
Inspiration Blackwell
1161920/160249C
Southern State Correctional Facility
Unit 10l-A-Lup/Compound B
4295 Route 47
Delmont, NJ 08314
Plaintiff pro se
James T. Dugan, Esq.
Atlantic County Department of Law
1333 Atlantic Avenue
8th Floor
Atlantic City, NJ 08401
Attorneys for Defendant Geraldine Cohen
Stephen D. Holtzman, Esq.
Jeffrey S. McClain, Esq.
Holtzman & McClain, PC
524 Maple Avenue
Suite 200
Linwood, NJ 08221
Attorneys for Defendant CFG Health Systems, LLC

HILLMAN, District Judge
WHEREAS, Defendants Geraldine Cohen and CFG Health Systems,
LLC have filed motions for summary judgment on Plaintiff
Inspiration Blackwell’s civil rights action, see ECF Nos. 57 &
58; and
WHEREAS, Defendants have raised the affirmative defense of
failure to exhaust administrative remedies in their motions; and
WHEREAS, the Third Circuit has issued a decision in
Paladino v. Newsome, 885 F.3d 203 (3d Cir. 2018), requiring
District Courts to provide notice and an opportunity to respond
before deciding factual disputes, such as exhaustion, on summary
judgment; and
THEREFORE, IT IS on this

14th

day of April, 2020

ORDERED that the parties are NOTIFIED pursuant to Paladino
v. Newsome, 885 F.3d 203 (3d Cir. 2018) and Small v. Camden
County, 728 F.3d 265 (3d Cir. 2013) that the Court may resolve
factual disputes regarding Plaintiff’s exhaustion of
administrative remedies as part of Defendants’ summary judgment
motions; and it is further
ORERED that the parties may submit any other evidence, such
as affidavits or declarations, they wish the Court to consider
on the exhaustion issue within 30 days of this Order, Fed. R.
Civ. P. 56(e)(1); and it is finally

2

ORDERED that the Clerk shall serve a copy of this Order
upon Plaintiff by regular mail.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

3