Jones v. MATHAI

ORDER DENYING DEFENDANT’S FOURTH MOTION TO DISMISS OR FOR SUMMARY JUDGMENT

DAVID M. LAWSON, District Judge.

Before the Court is a motion filed by the defendant, which she styles as a motion to dismiss or for summary judgment “regarding plaintiffs recently added retaliation claim.” The gist of the motion is that the Court recently allowed the plaintiff to add a theory of liability on the eve of trial, and the plaintiff never filed a grievance on that claim to exhaust his administrative remedies as required by the Prison Litigation Reform Act. Because the motion is based on a false premise that…