all that must exist is a process where state court provided the requested really in the past and here the overwhelming in undisputed evidence shows in oakland county state court judges are not only considered a granted the same relief requested routinely handle such motions and promptly or two even if they were open they were taking significant time periods of time to rule on such mo claim here is criticism or critique or are really just speculation about what may happen and what the turnaround may be and for those reasons the procedural bar for their abs it is  haiti so when you look at em sorry to keep interrupting you but how do you square that with with this court's decision does last week in well summers as well where the court seems to suggest that if you're asking or release in wilson were a little different than the disease the virus had run rampant through the prison and the district corresponding with basically that nothing that the ultimate prison could do the spread that is not the case here nor is the is the allegation in light of the objective data where you have less than one point five percent of the inmates positive and if you look at the substantive allegations in this case the plaintiffs allegation in this case only relate to their their civic and unique nations combined so while i recognize that wilson issue here with the overcrowding in the governor's executive order that in michigan as temporarily suspended all procedures the jail overcrowding out and part of the jail regarding it provides a basis for a medical needs case which is what we have here and he and the nd prong of your question even if this is an objective reasonable test the conduct here  is to their risk along with the prisoner whatever the risk is so here we have a situation where prison guards are in contact with the prisoners that there is moving from one jail cell to the other they're in contact with the prisoners where they're giving them the p p they're in contact with the prisoners whatever they're wearing those for not wearing masks so i'm having a hard time understanding how it could be plausible that the prison guards have deliberate indifference when under the planet's own theories the prison guards are placing themselves at risk under the same risk as the prisoner so how could that be deliberate indifference for someone to place themselves in the same position as the relief that your clients one is not release is that what i'm understanding there are multiple copies which is probably last week that if you're seeking release it sounds and hey b s even if it's and i understand that the district court actually findings about exhaustion but also made a legal fighting like one of the reasons she said that the prison grievance procedure was not available was because release is not available but if release is not available as a rebel that's a reason she said it wasn't good enough to us so i feel like we're talking in circles here you wa outbreak and this is the most important testimony with respect to this issue in our case was presented by testifying expert and you have a point of dr lawrence actually testified that if a jail is not committing itself to the the measures that open county jail indicated it had in place building county jail would not get lucky laci was dr lawrence turner and in dr loring said if these measures not being taken you're going to see an outbreak you're going to see spread that has not occurred in this case so you really have to wonder what is going on with these with these allegations  extraordinary remedy the facts in this case just don't bear out that extraordinary remedies the ship lorraine junction when deference is owed to a state prison is warranted when you look at the months ahead that you can get envisioned by the court and then that's why paragraph twenty two of that injunction in saying my last point your honour's is if you look at the entire course of conduct the occur here by the jail including the numerous undisputed measures that have been taken including the release initiative that was that the open county jail is under no obligation to to participate in where in one hundred and ten and of a one hundred six inmates were released by state court judge style annex to the main jail where there is significant freedom and responsibilities or inmates to be in the east and including the duty they were trying to get out of reforming these responsibilities under the guise of potential threat of moving back to the main jail losing the dormitory style set up otherwise nothing was going to get done by these individuals who had committed to a certain set of tasks in order to be in the dormitory style and just because you could go back to the main jail one of your honors reference above for the main jail has one hundred and sixty three individual cells the quarantine cells were maybe a handful so just because you're going to be in the main jail does not mean you're in an area where there's code that because it has not is not run rampant in the main jail there's no finding the contrary so to say that you can't transport threaten to transfer something the main jail it just doesn't  there is significant research that you don't want to put somebody in a single cell for too long due to mental health issues that can develop so mr watkins was not displaying any symptoms he agreed to a test and before the test results came back he was true he was scheduled to move to his cell with other inmates so he was moved to the cell at that time the test came back in the interim and it was learned that he was positive adapt point that entire cell and the and the role of cells was quarantined in accordance with policy but he was not moved to a new area where there was an increased risk or anything like that and that goes to the deliberate difference of lack thereof regarding what was known