Toliver v. Adner, 9:18-CV-1420 (DNH/ATB). (2019)
Court: District Court, N.D. New York
Number: infdco20190802b51
Visitors: 27
Filed: Aug. 01, 2019
Latest Update: Aug. 01, 2019
Summary: DECISION and ORDER DAVID N. HURD , District Judge . Pro se plaintiff Samuel Rasheen Raymond Toliver brought this civil rights action pursuant to 42 U.S.C. 1983. On June 3, 2019, Magistrate Judge Andrew T. Baxter advised by Report-Recommendation that defendant's motion to dismiss be granted and that the action be dismissed in its entirety, with prejudice, for failure to exhaust administrative remedies. Plaintiff timely filed objections to the Report-Recommendation. Based upon a de novo r
Summary: DECISION and ORDER DAVID N. HURD , District Judge . Pro se plaintiff Samuel Rasheen Raymond Toliver brought this civil rights action pursuant to 42 U.S.C. 1983. On June 3, 2019, Magistrate Judge Andrew T. Baxter advised by Report-Recommendation that defendant's motion to dismiss be granted and that the action be dismissed in its entirety, with prejudice, for failure to exhaust administrative remedies. Plaintiff timely filed objections to the Report-Recommendation. Based upon a de novo re..
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DECISION and ORDER
DAVID N. HURD, District Judge.
Pro se plaintiff Samuel Rasheen Raymond Toliver brought this civil rights action pursuant to 42 U.S.C. § 1983. On June 3, 2019, Magistrate Judge Andrew T. Baxter advised by Report-Recommendation that defendant's motion to dismiss be granted and that the action be dismissed in its entirety, with prejudice, for failure to exhaust administrative remedies. 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. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendant's motion to dismiss is GRANTED;
2. Plaintiff's Complaint is DISMISSED WITH PREJUDICE; and
3. The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.
Source: Leagle
