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Thomas v. Coleman

January 26, 2009

DWIGHT THOMAS #K-84544, PLAINTIFF,
v.
PERCY COLEMAN, ET AL., DEFENDANTS.



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

MEMORANDUM ORDER

Several defendants in this 42 U.S.C. §1983 ("Section 1983") action originally filed pro se by plaintiff Dwight Thomas ("Thomas") have filed their Answer to Thomas' Amended Complaint.*fn1

Their Answer is followed by two Affirmative Defenses ("ADs"), the second of which has triggered the sua sponte issuance of this memorandum order.

Here is AD 2:

Plaintiff failed to exhaust all administrative remedies before filing this lawsuit in contravention of the requirements of the Prison Litigation Reform Act 42 U.S.C. §1997(e)(a).

Because such exhaustion of administrative remedies is a precondition to any lawsuit of the type initiated by Thomas, defense counsel is ordered to submit, on or before February 9, 2009, an explanation of the administrative remedies that were assertedly available to Thomas and that he assertedly failed to pursue. This ...


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