JONES v. ASHCROFT

ELLEN S. HUVELLE, District Judge

For the reasons given in the attached Memorandum Opinion, it is hereby

ORDERED that defendants' Motion to Dismiss is DENIED as to lack of subject matter jurisdiction and as to plaintiff's failure to exhaust administrative remedies with respect to his disparate impact claim; and it is

FURTHER ORDERED that defendant's Motion to Dismiss is GRANTED and plaintiff's complaint is dismissed without prejudice for failure to exhaust administrative time requirements.