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Thomas v. Longmire

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


November 21, 2006

RONALD RENARD THOMAS #20050089846, PLAINTIFF,
v.
GREGORY LONGMIRE, ET AL., DEFENDANTS.

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

MEMORANDUM

As directed by this Court's brief November 7, 2006 memorandum order, appointed counsel for plaintiff Ronald Thomas ("Thomas") has filed a response that sets out grounds for rejection of defendants' charge of nonexhaustion of available administrative remedies--a charge that if sustained would call for dismissal under 42 U.S.C. §1997e(a). That submission appears facially correct, and unless defense counsel were to file a persuasive refutation supporting the nonexhaustion claim on or before December 4, 2006, this Court will strike the First Affirmative Defense set out in defendants' Answer to Thomas' Second Amended Complaint.*fn1


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