Grant v. Kopp

Jan 30, 2019
9:17-cv-01224
Reporters:
,
Before:
Gary L. Sharpe

ORDER

The ‍‌‌​‌​​‌​​​​​‌​‌​​‌‌​‌​​​​‌​​​​​‌​​‌​‌​‌‌​​‌‌​‌‌‌​‌‌‌​​​‌‌‌​‌‌‌​‌‌​​​​‌‌‌‌‌‌​‌‌​‌​‌​‌‌​‌‌​‌​‌‌‌‌‌‍above-captioned matter comes to this court following a Report and Recommendation by Magistrate Judge David E. Peebles duly filed on January 3, 2019. (Dkt. No. 45.) 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 and Recommendation for clear error, it is hereby

ORDERED that the Report and Recommendation (Dkt. No. 45) is ADOPTED in its entirety; and it is further

ORDERED that plaintiff‘s remaining claim in this action is barred by the Prison Litigation Reform Act of 1996 based upon his failure to exhaust available administrative remedies before ‍‌‌​‌​​‌​​​​​‌​‌​​‌‌​‌​​​​‌​​​​​‌​​‌​‌​‌‌​​‌‌​‌‌‌​‌‌‌​​​‌‌‌​‌‌‌​‌‌​​​​‌‌‌‌‌‌​‌‌​‌​‌​‌‌​‌‌​‌​‌‌‌‌‌‍commencing suit and that his remaining claim in this action is DISMISSED WITHOUT PREJUDICE as set forth in the Report and Recommendation, (Dkt. No. 45 at 24-26); and it is further

ORDERED that plaintiff‘s complaint (Dkt. No. 1) is DISMISSED; and it is further

ORDERED that the Clerk is directed to close this case; and it is further

ORDERED that the ‍‌‌​‌​​‌​​​​​‌​‌​​‌‌​‌​​​​‌​​​​​‌​​‌​‌​‌‌​​‌‌​‌‌‌​‌‌‌​​​‌‌‌​‌‌‌​‌‌​​​​‌‌‌‌‌‌​‌‌​‌​‌​‌‌​‌‌​‌​‌‌‌‌‌‍Clerk provide a copy of this Order to the parties in accordance with the Local Rules.

IT IS SO ORDERED.

January 30, 2019

Albany, New York

Gary L. Sharpe

U.S. District Judge