Shoults v. Kooi, 9:14-cv-1184 (GLS/DJS). (2016)
Court: District Court, N.D. New York
Number: infdco20160224d37
Visitors: 17
Filed: Feb. 23, 2016
Latest Update: Feb. 23, 2016
Summary: ORDER GARY L. SHARPE , Senior District Judge . The above-captioned matter comes to this court following a Report-Recommendation and Order by Magistrate Judge Daniel J. Stewart, duly filed on January 28, 2016. (Dkt. No. 18.) 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 Report-Recommendation and Order for clear error, it is hereby
Summary: ORDER GARY L. SHARPE , Senior District Judge . The above-captioned matter comes to this court following a Report-Recommendation and Order by Magistrate Judge Daniel J. Stewart, duly filed on January 28, 2016. (Dkt. No. 18.) 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 Report-Recommendation and Order for clear error, it is hereby ..
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ORDER
GARY L. SHARPE, Senior District Judge.
The above-captioned matter comes to this court following a Report-Recommendation and Order by Magistrate Judge Daniel J. Stewart, duly filed on January 28, 2016. (Dkt. No. 18.) 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 Report-Recommendation and Order for clear error, it is hereby
ORDERED that the Report-Recommendation and Order (Dkt. No. 18) is ADOPTED in its entirety; and it is further
ORDERED that the defendants' motion to dismiss (Dkt. No. 12) based upon Plaintiff's failure to exhaust available administrative remedies prior to bringing this action is DENIED without prejudice and with leave to renew at a later date upon a fuller record; and it is further
ORDERED that defendants shall file an answer to the complaint as permitted under the Federal Laws of Civil Procedure; and it is further
ORDERED that the clerk of the court serve a copy of this order upon the parties in accordance with this court's Local Rules.
IT IS SO ORDERED.
Source: Leagle
