Taylor v. Lt. R. Halladay et al

Filing 16

ORDER: ORDERED that 15 Report and Recommendations is ADOPTED IN ITS ENTIRETY. ORDERED that 14 Motion for Summary Judgment is GRANTED. ORDERED that plaintiff's complaint is dismissed in its entirety based upon his failure to exahust available administrative remedies before commencing suit. Signed by Senior Judge Frederick J. Scullin, Jr on 8/9/10. {order served via regular mail on all non-ecf parties}(nas)

Taylor v. Lt. R. Halladay et al

Doc. 16

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

PETER TAYLOR, Plaintiff, No. 9:09-CV-0385 (FJS/DEP)

v. LT. R. HALLADAY, and C. O. R. MILLER, Defendants.

APPEARANCES: FOR PLAINTIFF: PETER TAYLOR, Pro Se 11967-052 USP Cannon PO Box 300 Waymart, PA 18472

OF COUNSEL:

FOR DEFENDANTS: HON. RICHARD S. HARTUNIAN United States Attorney Northern District of New York P.O. Box 7198 100 S. Clinton Street Syracuse, New York 13261-7198 CHARLES E. ROBERTS, ESQ. Assistant U.S. Attorney

FREDERICK J. SCULLIN, JR., S.J.:

ORDER

After carefully considering the entire file in this matter, including Magistrate Judge

Dockets.Justia.com

Peebles' July 1, 2010 Report and Recommendation to which the parties have not filed any objections; the Court hereby ORDERS that Magistrate Judge Peebles' July 1, 2010 Report and Recommendation is ADOPTED IN ITS ENTIRETY for the reasons stated therein; and the Court further ORDERS that Defendants' motion for summary judgment is GRANTED; and the Court further ORDERS that Plaintiff's complaint is DISMISSED in its entirety based upon his failure to exhaust available administrative remedies before commencing suit; and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and close this case. IT IS SO ORDERED. DATED: August 9, 2010 Syracuse, New York