Daum v. Delvin, 9:15-CV-1083 (DNH/ML). (2019)
Court: District Court, N.D. New York
Number: infdco20191220f60
Visitors: 1
Filed: Dec. 19, 2019
Latest Update: Dec. 19, 2019
Summary: DECISION and ORDER DAVID N. HURD , District Judge . Plaintiff Terry Daum brought this civil rights action pursuant to 42 U.S.C. 1983. On September 5, 2019, the Honorable Daniel J. Stewart, United States Magistrate Judge, held an exhaustion hearing on defendants' affirmative defense of failure to exhaust. On October 30, 2019, Judge Stewart advised by Report-Recommendation that defendants have not sustained their burden of proof on the affirmative defense of failure to exhaust and that the
Summary: DECISION and ORDER DAVID N. HURD , District Judge . Plaintiff Terry Daum brought this civil rights action pursuant to 42 U.S.C. 1983. On September 5, 2019, the Honorable Daniel J. Stewart, United States Magistrate Judge, held an exhaustion hearing on defendants' affirmative defense of failure to exhaust. On October 30, 2019, Judge Stewart advised by Report-Recommendation that defendants have not sustained their burden of proof on the affirmative defense of failure to exhaust and that the ..
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DECISION and ORDER
DAVID N. HURD, District Judge.
Plaintiff Terry Daum brought this civil rights action pursuant to 42 U.S.C. § 1983. On September 5, 2019, the Honorable Daniel J. Stewart, United States Magistrate Judge, held an exhaustion hearing on defendants' affirmative defense of failure to exhaust. On October 30, 2019, Judge Stewart advised by Report-Recommendation that defendants have not sustained their burden of proof on the affirmative defense of failure to exhaust and that the matter proceed to trial. No objections to the Report-Recommendation have been filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. The administrative remedies under DOCCS' IGP were rendered unavailable to plaintiff and therefore his claims in this action are not barred by the PLRA based upon his failure to exhaust; and
2. Trial is scheduled for Monday, April 13, 2020 in Utica, New York. Pre-trial submissions are due on or before Monday, March 30, 2020.
IT IS SO ORDERED.
Source: Leagle
