Lynch v. Berrong et al

Filing 12

MEMORANDUM AND ORDER denying 10 Motion to Quash and Motion to Continue. Signed by Chief District Judge Thomas A Varlan on 1/21/15. (c/m) (JBR) Modified text on 1/21/2015 (JBR).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
ERIC LYNCH,
Plaintiff,
v.
JAMES BERRONG
and JOHN ADAMS,
Defendants.

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No.:

3:14-cv-203-TAV-HBG

MEMORANDUM AND ORDER
This is a pro se prisoner's civil rights complaint under 42 U.S.C. § 1983. The
matter is before the Court on plaintiff's motion to quash and to continue. Plaintiff moves
to quash the defendants' motion to dismiss for failure to exhaust administrative remedies.
Plaintiff also moves to continue the case until his release from custody. The defendants
have not filed a motion to dismiss; rather, they raise the exhaustion issue as an
affirmative defense in their answer to the complaint. In addition, plaintiff has now been
released from custody and his motion to continue is moot. Based upon the foregoing, the
pending motion [Doc. 10] is DENIED in its entirety.

ENTER:

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE