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17-171 - Dale v. Phillips et al


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17-171 - Dale v. Phillips et al
February 15, 2018
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MEMORANDUM AND ORDER: For the reasons set forth below, Plaintiff's motion for Rule 60(b) relief [Doc. 7] will be GRANTED in part only to the extent that the Court will CORRECT its memorandum opinion [Doc. 5] to reflect that the claims for which Plaintiff was exhausting his administrative remedies in the year prior to filing his complaint are not barred by the applicable statute of limitations. The Court will further CORRECT its memorandum opinion to reflect that all of Plaintiff's claims against the John Doe Defendants are time barred due to Plaintiff's failure to amend the complaint to name them individually prior to expiration of the statute of limitations.The Court will also CORRECT its memorandum opinion to reflect that Plaintiff's claims that Defendants Phillips and Jordan failed to intervene in the alleged attack fail to state a claim upon which relief may be granted under ยง 1983. The remainder of the Court's memorandum opinion will remain unchanged. Signed by District Judge J Ronnie Greer on 02/15/2018. (Copy of Memorandum and Order mailed to Ziberia Dale) (CAT)