Watson v. Jamsen, 16-13770. (2017)
Court: District Court, E.D. Michigan
Number: infdco20171207b92
Visitors: 5
Filed: Dec. 06, 2017
Latest Update: Dec. 06, 2017
Summary: ORDER R. STEVEN WHALEN , Magistrate Judge . Before the Court is Plaintiff's Motion to Defer Summary Judgment [Doc. #30], in which he asks to defer ruling on Defendant McCarthy's Motion for Summary Judgment [Doc. #21] until he has had the opportunity for more discovery. I denied a similar motion [Doc. #10] in which he sought to defer a summary judgment motion filed by Defendant Landfair. Both summary judgment motions were based on Plaintiff's failure to exhaust his administrative remedies,
Summary: ORDER R. STEVEN WHALEN , Magistrate Judge . Before the Court is Plaintiff's Motion to Defer Summary Judgment [Doc. #30], in which he asks to defer ruling on Defendant McCarthy's Motion for Summary Judgment [Doc. #21] until he has had the opportunity for more discovery. I denied a similar motion [Doc. #10] in which he sought to defer a summary judgment motion filed by Defendant Landfair. Both summary judgment motions were based on Plaintiff's failure to exhaust his administrative remedies, a..
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ORDER
R. STEVEN WHALEN, Magistrate Judge.
Before the Court is Plaintiff's Motion to Defer Summary Judgment [Doc. #30], in which he asks to defer ruling on Defendant McCarthy's Motion for Summary Judgment [Doc. #21] until he has had the opportunity for more discovery.
I denied a similar motion [Doc. #10] in which he sought to defer a summary judgment motion filed by Defendant Landfair. Both summary judgment motions were based on Plaintiff's failure to exhaust his administrative remedies, as required by 42 U.S.C. § 1997e(a), and neither of which required additional discovery. However, I did grant Plaintiff additional time to respond to Defendant McCarthy's motion. See Doc. #32. In addition, both Landfair and McCarthy have been dismissed without prejudice, based on the exhaustion issue.
Therefore, Plaintiff's present motion [Doc. #30] is DENIED AS MOOT.
IT IS SO ORDERED.
Source: Leagle
