DAVID N. HURD, District Judge.
Pro se plaintiff Dimas Cuadrado brought this civil rights action pursuant to 42 U.S.C. § 1983. On March 17, 2015, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) be granted. Plaintiff timely filed objections to the Report-Recommendation.
Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects.
Therefore, it is
ORDERED that
1. Defendant Brueault's motion to dismiss is GRANTED;
2. To the extent plaintiff asserts claims against defendant Brueault in his official capacity, those claims are DISMISSED WITH PREJUDICE;
3. All remaining claims are DISMISSED WITHOUT PREJUDICE based on plaintiff's failure to fully exhaust administrative remedies;
4. The Central Office Review Committee ("CORC") is directed to render a decision on plaintiff's pending grievance within thirty days of the date of this Decision and Order, that is, by May 8, 2015;
5. If plaintiff does not receive a decision from the CORC by May 8, 2015, administrative remedies may be deemed unavailable to him and he may therefore be excused from exhausting;
6. In the event plaintiff does not receive a decision from the CORC by May 8, 2015, he may refile this suit indicating such;
7. In the event plaintiff does receive a decision from the CORC by Mail 8, 2015, he may refile this suit indicating such; and
8. The Clerk is directed to serve a copy of this Decision and Order upon the parties in accordance with the Local Rules.
IT IS SO ORDERED.