Moshier v. Federal Bureau of Prisons et al

Filing 49

ORDER denying defts' motion for summary judgment 25 & directing defts to file answer to complaint 1 by 3/2/09. (See order for complete details.) Signed by Honorable Christopher C. Conner on 02/04/09. (ki)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

DONALD L. MOSHIER , JR., Plaintiff, v. FEDERAL BUREAU OF PRISONS,, et al., Defendants

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CIVIL ACTION NO. 1:08-CV-0510 (Judge Conner)

ORDER AND NOW, this 4th day of February, 2009, upon consideration of defendants motion for summary judgment (Doc. 25), in which they seek an entry of summary judgment on the grounds that plaintiff failed to exhaust his administrative remedies, and it appearing that they have discovered that plaintiff has, in fact, exhausted his administrative remedies (Doc. 41, at 4), and seek to have their motion for summary judgment denied (Doc. 41, at 5), it is hereby ORDERED that: 1. 2. Defendants' motion for summary judgment (Doc. 25) is DENIED. Defendants shall file an answer to the complaint on or before March 2, 2009.

S/ Christopher C. Conner CHRISTOPHER C. CONNER United States District Judge