Filed: Jan. 31, 2019
Latest Update: Jan. 31, 2019
Summary: DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . Currently before the Court, in this pro se prisoner civil rights action filed by Lamont Gough ("Plaintiff") against the five above-captioned employees of the New York State Department of Corrections and Community Supervision ("Defendants") pursuant to 42 U.S.C. 1983, is the Report-Recommendation of United States Magistrate Judge Daniel J. Stewart recommending that Defendants Morris and Davidson's motion for summary judgment b
Summary: DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . Currently before the Court, in this pro se prisoner civil rights action filed by Lamont Gough ("Plaintiff") against the five above-captioned employees of the New York State Department of Corrections and Community Supervision ("Defendants") pursuant to 42 U.S.C. 1983, is the Report-Recommendation of United States Magistrate Judge Daniel J. Stewart recommending that Defendants Morris and Davidson's motion for summary judgment be..
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DECISION and ORDER
GLENN T. SUDDABY, Chief District Judge.
Currently before the Court, in this pro se prisoner civil rights action filed by Lamont Gough ("Plaintiff") against the five above-captioned employees of the New York State Department of Corrections and Community Supervision ("Defendants") pursuant to 42 U.S.C. § 1983, is the Report-Recommendation of United States Magistrate Judge Daniel J. Stewart recommending that Defendants Morris and Davidson's motion for summary judgment be granted, that the Court dismiss Plaintiff's claims against those two Defendants for failure to exhaust his available administrative remedies, and that the Court sua sponte dismiss Plaintiff's remaining claims against the three John Doe Defendants for (1) failure to comply with a Court Order and/or to prosecute this action under Fed. R. Civ. P. 41(b) and N.D.N.Y. L.R. 41.2(a), (2) failure to serve under Fed. R. Civ. P. 4(m), and/or (3) failure to exhaust his available administrative remedies. (Dkt. No. 53.) None of the parties have filed objections to the Report-Recommendation, and the deadline in which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the relevant papers herein, including Magistrate Judge Stewart's thorough Report-Recommendation, the Court can find no clear-error in the Report-Recommendation:1 Magistrate Judge Stewart employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Report-Recommendation is accepted and adopted in its entirety: Defendants Morris and Davidson's motion for summary judgment is granted; Plaintiff's claims against those two Defendants are dismissed for failure to exhaust his available administrative remedies; and Plaintiff's remaining claims against the three John Doe Defendants are sua sponte dismissed for (1) failure comply with a Court Order and/or to prosecute this action, (2) failure to serve and/or (3) failure to exhaust his available administrative remedies.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Stewart's Report-Recommendation (Dkt. No. 53) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Defendants Morris and Davidson's motion for summary judgment (Dkt. No. 47) is GRANTED; and it is further
ORDERED that Plaintiff's claims against Defendants Morris and Davidson are DISMISSED for failure to exhaust his available administrative remedies; and it is further
ORDERED that Plaintiff's remaining claims against the three John Doe Defendants are sua sponte DISMISSED for (1) failure to comply with a Court Order and/or to prosecute this action under Fed. R. Civ. P. 41(b) and N.D.N.Y. L.R. 41.2(a), (2) failure to serve under Fed. R. Civ. P. 4(m), and/or (3) failure to exhaust his available administrative remedies; and it is further
ORDERED that the Clerk of the Court shall enter Judgment for Defendants and close this action.
The Court certifies that an appeal from this Decision and Order would not be taken in good faith.
