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Grayer v. Clark

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


November 7, 2006

ANTHONY GRAYER, PLAINTIFF,
v.
RUFUS CLARK, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

Anthony Grayer ("Grayer") has filed a self-prepared Motion for Reconsideration of this Court's October 6, 2006 memorandum order that had dismissed Grayer's 42 U.S.C. §1983*fn1 Complaint based upon a showing by the Illinois Attorney General's Office that Grayer had assertedly failed to comply with the precondition to suit established by Section 1997e(a).*fn2 After this Court had already dictated this memorandum order for transcription by its secretary, Grayer's appointed counsel noticed up a motion to the same effect--labeled "Motion To Vacate Judgment"--for presentment on November 8.*fn3

Under the circumstances this Court will expect both sides' counsel to be prepared to address the exhaustion-of-remedies issue posed by Section 1997e(a) at the November 8 presentment date. This Court will then determine the appropriate disposition of the motion filed by Grayer's appointed counsel.


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