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Keller v. Feinerman

April 28, 2009

HILTON LLOYD KELLER, PLAINTIFF,
v.
ADRIAN FEINERMAN AND DR. ELYEA, DEFENDANTS.



The opinion of the court was delivered by: Donald G. Wilkerson United States Magistrate Judge

ORDER

On April 8, 2009, the Court set a hearing in this action on Defendants' affirmative defense that Plaintiff failed to exhaust his administrative remedies prior to filing suit in violation of the Prison Litigation Reform Act (Doc. 46). The order directed the Defendants to notify the Court by April 22, 2009, whether they intended to pursue this affirmative defense. Defendants Feinerman and Elyea informed the Court that they would not be pursuing the affirmative defense (Docs. 49 and 50). The Court thus considers the affirmative defense withdrawn. Accordingly, a hearing on the question whether Plaintiff exhausted his administrative remedies is no longer necessary. The hearing set for June 2, 2009, is hereby CANCELED.

IT IS SO ORDERED.

20090428

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