Bailey v. Fortier

Filing 21

ORDER: ORDERED, that the Report-Recommendation of Magistrate Judge David E. Peebles filed August 30, 2010 [Dkt. No. 19] is ACCEPTED in its entirety for the reasons state therein. ORDERED, that defendants' motion to dismiss, or in the alternativ e for summary judgment [Dkt. No. 10] is DENIED, and that plaintiff's motion to amend his complaint [Dkt. No. 12] is DENIED. ORDERED, that defendant's letter motion seeking limited discovery regarding the exhaustion issue [Dkt. No. 20] is hereby referred to the Magistrate Judge for his review and consideration. Signed by Judge Gary L. Sharpe on 10/12/10. (Attachments: # 1 MJ Peebles' report-recommendations) {order and copy of r&r served via regular mail on plaintiff}(nas)

Bailey v. Fortier

Doc. 21

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------EVERTON BAILEY Plaintiff, v. Civil Action No. 9:09-cv-742 (GLS/DEP) C.O. M. FORTIER, Defendants. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: EVERTON BAILEY Plaintiff, Pro Se 60433066 M.D.C. Brooklyn P.O. Box 329002 Brooklyn, New York 11232 FOR THE DEFENDANT: Hon. Richard S. Hartunian United States Attorney P.O. Box 7198 100 South Clinton Street Syracuse, New York 13261-7168 GARY L. SHARPE, U.S. DISTRICT JUDGE CHARLES E. ROBERTS, ESQ. Assistant U.S. Attorney OF COUNSEL:

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ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge David E. Peebles, duly filed August 30, 2010. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections1 having been filed, and the court having reviewed the Magistrate Judge's Amended Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge David E. Peebles filed August 30, 2010 (Dkt. No. 19) is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that defendants' motion to dismiss, or in the alternative for summary judgment (Dkt. No. 10) is DENIED, and that plaintiff's motion to amend his complaint (Dkt. No. 12) is DENIED; and it is further ORDERED, that defendant's letter motion seeking limited discovery regarding the exhaustion issue (Dkt. No. 20) is hereby referred to the

On September 8, 2010, a letter was filed advising the court that the defendant will not be filing objections to the Magistrate's Report-Recommendation, however, the defendant has requested that the court order limited discovery regarding the exhaustion issue which will be followed by further motions. The court will refer the request to the underlying Magistrate Judge for his consideration. 2

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Magistrate Judge for his review and consideration; and it is further ORDERED, that the Clerk of the court serve a copy of this order upon the parties in accordance with this court's local rules.

IT IS SO ORDERED. Dated: October 12, 2010 Albany, New York

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