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  • Abdul-Muhammad Et Al v. Kempker Et Al - Document No. 36

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    MEMORANDUM AND ORDER. ORDERED that defendants shall file a notice with the Court no later than July 17, 2007, informing the Court as to whether they plan to pursue a failure to exhaust defense. If so, their motion to dismiss shall be filed no later than July 24, 2007. Plaintiff's response is due August 21, 2007, and any reply brief from defendants by September 4, 2007. Response to Court due by 7/17/2007. Signed by Judge Catherine D. Perry on 6/28/07. (KLH, ) Modified on 6/29/2007 (MCB). 4:2004cv00057 Missouri Eastern District Court

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    Abdul-Muhammad et al v. Kempker et al - Document No. 36

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    MEMORANDUM AND ORDER. ORDERED that defendants shall file a notice with the Court no later than July 17, 2007, informing the Court as to whether they plan to pursue a failure to exhaust defense. If so, their motion to dismiss shall be filed no later than July 24, 2007. Plaintiff's response is due August 21, 2007, and any reply brief from defendants by September 4, 2007. Response to Court due by 7/17/2007. Signed by Judge Catherine D. Perry on 6/28/07. (KLH, ) Modified on 6/29/2007 (MCB). 4:2004cv00057 Missouri Eastern District Court

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    Abdul-Muhammad Et Al v. Kempker Et Al - Document No. 36

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    MEMORANDUM AND ORDER. ORDERED that defendants shall file a notice with the Court no later than July 17, 2007, informing the Court as to whether they plan to pursue a failure to exhaust defense. If so, their motion to dismiss shall be filed no later than July 24, 2007. Plaintiff's response is due August 21, 2007, and any reply brief from defendants by September 4, 2007. Response to Court due by 7/17/2007. Signed by Judge Catherine D. Perry on 6/28/07. (KLH, ) Modified on 6/29/2007 (MCB). 4:2004cv00057 Missouri Eastern District Court

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    Abdul-Muhammad et al v. Kempker et al Doc.

    36
    Case 4:04-cv-00057-CDP Document 36 Filed 06/28/2007 Page 1 of 2

    UNITED STATES DISTRICT COURT


    EASTERN DISTRICT OF MISSOURI
    EASTERN DIVISION

    MALIK ABDUL-MUHAMMAD, )
    et al., )
    )
    Plaintiffs, )
    )
    vs. ) Case No. 4:04CV57 CDP
    )
    GARY KEMPKER, et al., )
    )
    Defendants. )

    MEMORANDUM AND ORDER

    This case has been remanded in light of the Supreme Court’s holding in

    Jones v. Bock, 127 S. Ct. 910 (2007). Defendants shall file a notice with the Court

    no later than July 17, 2007, informing the Court as to whether they still seek to

    argue lack of exhaustion. If defendants do decide to pursue this defense, they

    must file a motion to dismiss no later than July 24, 2007. Plaintiff’s response will

    be due no later than August 21, 2007, and any reply brief must be filed by

    September 4, 2007.

    Accordingly,

    IT IS HEREBY ORDERED that defendants shall file a notice with the

    Court no later than July 17, 2007, informing the Court as to whether they plan to

    Dockets.Justia.com
    Case 4:04-cv-00057-CDP Document 36 Filed 06/28/2007 Page 2 of 2

    pursue a failure to exhaust defense. If so, their motion to dismiss shall be filed no

    later than July 24, 2007. Plaintiff’s response is due by August 21, 2007, and any

    reply brief from defendants by September 4, 2007.

    ______________________________
    CATHERINE D. PERRY
    UNITED STATES DISTRICT JUDGE

    Dated this 28th day of June, 2007.

    -2-

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