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Moshier v. Federal Bureau of Prisons

February 4, 2009

DONALD L. MOSHIER, JR., PLAINTIFF,
v.
FEDERAL BUREAU OF PRISONS, ET AL., DEFENDANTS



The opinion of the court was delivered by: 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. Defendants' motion for summary judgment (Doc. 25) is DENIED.

2. Defendants shall file an answer to the complaint on or before March 2, 2009.

CHRISTOPHER C. CONNER United States District Judge

20090204

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