Cowart v. Erwin et al

Filing 97

Order Accepting 95 the Findings, Conclusions and Recommendations of the United States Magistrate Judge. Defendants' 86 MOTION for Summary Judgment is DENIED. This case is RECOMMITTED to Magistrate Judge David L. Horan for pretrialmanagement, including resolution of the factual disputes regarding defendants' PLRA exhaustion defense, including through an evidentiary hearing if necessary, as required by Fifth Circuit precedent. (Ordered by Senior Judge A. Joe Fish on 8/2/2013) (ykp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

MARK A. COWART,
Plaintiff,
VS.
FNU ERWIN, ET AL.,
Defendants.

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CIVIL ACTION NO.
3:10-CV-1800-G (BN)

ORDER

The United States Magistrate Judge made findings, conclusions, and
recommendations in this case. Plaintiff filed objections, and the district court has
made a de novo review of those portions of the proposed findings, conclusions, and
recommendation to which objection was made. The objections are overruled, and the
court ACCEPTS the findings, conclusions and recommendations of the United States
Magistrate Judge.
Defendants’ motion for summary judgment (docket entry 86) is DENIED.
This case is RECOMMITTED to Magistrate Judge David L. Horan for pretrial
management, including resolution of the factual disputes regarding defendants’ PLRA

exhaustion defense, including through an evidentiary hearing if necessary, as required
by Fifth Circuit precedent. See Dillon v. Rogers, 596 F.3d 260, 273 (5th Cir. 2010).
SO ORDERED.

August 2, 2013.

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A. JOE FISH
Senior United States District Judge

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