Taylor v. Miller et al
Michael L. Taylor, Jr. |
Larry Miller, Meek, Fallon, Patrick and Price |
7:2009cv00145 |
December 7, 2009 |
US District Court for the Eastern District of Kentucky |
Pikeville Office |
Martin |
Pro Se |
Amul R. Thapar |
Plaintiff |
42 U.S.C. ยง 1331 Prisoner Civil Rights - Bivens Action |
Plaintiff |
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Filing 52 MEMORANDUM OPINION & ORDER: 1) dfts' motions to dismiss 23 29 and 31 are DENIED; 2) dfts' alternative motions for S/J 29 and 31 are DENIED WITHOUT PREJUDICE; 3) Taylor's motion for a stay or continuance 36 is GRANTED; 4) th is case is REFERRED to, Magistrate Judge Edward B. Atkins to supervise discovery into matters that are addressed in this Memorandum Opinion & Order. In particular, Judge Atkins shall supervise discovery relating to Taylor's failure to exhaust a dministrative remedies, possible tolling of the statute of limitations & dfts' defense of qualified immunity. After Taylor has had a sufficient opportunity to conduct discovery into these matters, as determined by Judge Atkins the dfts may re-f ile the motions for S/J if they choose. Judge Atkins will then set a schedule for further briefing & general discovery in this case if appropriate. Unless otherwise ordered by the Court the matter shall revert to the undersigned to hold the final pretrial conference & trial; 5) this matter is no longer referred to the pro se office. Signed by Judge Amul R. Thapar on 9/22/2010. (RKT) cc: Michael Taylor, Jr. w/NOE via US mail; COR |
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