HEMBY v. FERRARI, 9:13-CV-613. (2014)
Court: District Court, N.D. New York
Number: infdco20140422b99
Visitors: 2
Filed: Apr. 18, 2014
Latest Update: Apr. 18, 2014
Summary: DECISION & ORDER THOMAS J. McAVOY, Senior District Judge. This pro se action pursuant to 42 U.S.C. 1983 was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(c). The Report-Recommendation, dated March 21, 2014, recommended that Defendant's motion for summary judgment (Dkt. # 34) be granted without prejudice because Plaintiff failed to exhaust his administrative remedies before filing sui
Summary: DECISION & ORDER THOMAS J. McAVOY, Senior District Judge. This pro se action pursuant to 42 U.S.C. 1983 was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(c). The Report-Recommendation, dated March 21, 2014, recommended that Defendant's motion for summary judgment (Dkt. # 34) be granted without prejudice because Plaintiff failed to exhaust his administrative remedies before filing suit..
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DECISION & ORDER
THOMAS J. McAVOY, Senior District Judge.
This pro se action pursuant to 42 U.S.C. § 1983 was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
The Report-Recommendation, dated March 21, 2014, recommended that Defendant's motion for summary judgment (Dkt. # 34) be granted without prejudice because Plaintiff failed to exhaust his administrative remedies before filing suit.
No objections to the Report-Recommendation have been filed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein.
For the foregoing reasons, the Court ADOPTS the Report and Recommendation and GRANTS the Defendants' Motion for Summary Judgment (Dkt. #34) without prejudice.
IT IS SO ORDERED.
Source: Leagle
