Thomas Leroy Hampton v. Kiwana Hill, Ulysses Baniga, Nancy Hiolmes, Tiffany Gabbard, and S. Onyango

Summary

The United States District Court for the Eastern District of California disregarded Plaintiff Thomas Leroy Hampton’s brief disputing an affirmative defense of non-exhaustion. The court held that the filing was premature because Defendants had not yet filed an exhaustion-based motion for summary judgment, and stated that Plaintiff could refile or respond if such a motion were filed.

Holdings

1. A plaintiff’s preemptive opposition to an exhaustion-based summary judgment motion is premature and may be disregarded when defendants have not yet filed the motion.

Questions Presented

1. Whether Plaintiff’s preemptive pleading opposing an anticipated exhaustion-based summary judgment motion should be considered before Defendants filed such a motion.

Disposition

other