IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
December 10, 2010
JOHN LAVIN, PLAINTIFF,
LT. KRAUSE, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Donald G. Wilkerson United States Magistrate Judge
Currently pending before the Court is a Motion to Withdraw Affirmative Defense of Exhaustion filed by Defendants (Doc. 70). This motion is GRANTED.
Because Defendants no longer contest whether Plaintiff exhausted his administrative remedies prior to filing suit, the evidentiary hearing on exhaustion set for January 11, 2011, is CANCELED. Accordingly, Plaintiff's Motion for Extension of Time to Prepare for the Pavey Hearing (Doc. 68) and Motion for Production of Documents (Doc. 69), which requests copies of grievances, are found to be MOOT.
IT IS SO ORDERED.
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