UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

INSPIRATION BLACKWELL, 1:16-cv-5342 (NLH) (AMD)

Plaintiff, MEMORANDUM OPINION & ORDER

v.

WARDEN GERALDINE COHEN, et al.,

Defendants.

APPEARANCES:

Inspiration Blackwell 1161920/160249C Southern State Correctional Facility Unit 10l-A-Lup/Compound B 4295 Route 47 Delmont, NJ 08314

Plaintiff pro se

James T. Dugan, Esq. Atlantic County Department of Law 1333 Atlantic Avenue 8th Floor Atlantic City, NJ 08401

Attorneys for Defendant Geraldine Cohen

Stephen D. Holtzman, Esq. Jeffrey S. McClain, Esq. Holtzman & McClain, PC 524 Maple Avenue Suite 200 Linwood, NJ 08221

Attorneys for Defendant CFG Health Systems, LLC HILLMAN, District Judge WHEREAS, Defendants Geraldine Cohen and CFG Health Systems, LLC have filed motions for summary judgment on Plaintiff

Inspiration Blackwell’s civil rights action, see ECF Nos. 57 & 58; and WHEREAS, Defendants have raised the affirmative defense of failure to exhaust administrative remedies in their motions; and WHEREAS, the Third Circuit has issued a decision in Paladino v. Newsome,

(3d Cir. 2018), requiring District Courts to provide notice and an opportunity to respond before deciding factual disputes, such as exhaustion, on summary judgment; and THEREFORE, IT IS on this 14th day of April, 2020 ORDERED that the parties are NOTIFIED pursuant to Paladino v. Newsome,

(3d Cir. 2018) and Small v. Camden

County,

(3d Cir. 2013) that the Court may resolve factual disputes regarding Plaintiff’s exhaustion of administrative remedies as part of Defendants’ summary judgment motions; and it is further ORERED that the parties may submit any other evidence, such as affidavits or declarations, they wish the Court to consider on the exhaustion issue within 30 days of this Order, Fed. R. Civ. P. 56(e)(1); and it is finally ORDERED that the Clerk shall serve a copy of this Order upon Plaintiff by regular mail.

s/ Noel L. Hillman At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.