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Curtis v. Bola, 9:15-cv-718 (GLS/TWD). (2018)

Court: District Court, N.D. New York Number: infdco20180104d90 Visitors: 12
Filed: Jan. 03, 2018
Latest Update: Jan. 03, 2018
Summary: ORDER GARY L. SHARPE , District Judge . The above-captioned matter comes to this court following a Order and Report and Recommendation by Magistrate Judge Th r se Wiley Dancks, duly filed on November 28, 2017. (Dkt. No. 58.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Order and Report and Recommendation for clear error, it is h
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ORDER

The above-captioned matter comes to this court following a Order and Report and Recommendation by Magistrate Judge Thérèse Wiley Dancks, duly filed on November 28, 2017. (Dkt. No. 58.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Order and Report and Recommendation for clear error, it is hereby

ORDERED that the Report-Recommendation and Order (Dkt. No. 58) is ADOPTED in its entirety; and it is further

ORDERED that the exhaustion remedies under the DOCCS IGP were rendered unavailable to Plaintiff with regard to Grievances CL-65115-14 and CL-65307-14, and that his claims in this action are not barred by the PLRA based upon his failure to exhaust, and that the matter be set down for trial on Plaintiff's remaining claims; and it is further

ORDERED that the Clerk provide a copy of this Order to the parties in accordance with the Local Rules.

IT IS SO ORDERED.

Source:  Leagle

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