Hemby v. Ferrari et al

Filing 41

DECISION AND ORDER: ORDERED that 40 Report and Recommendation is adopted and 34 Motion for Summary Judgment is granted without prejudice. Signed by Senior Judge Thomas J. McAvoy on 4/18/14. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________
TERRENCE HEMBY,
Plaintiff,
vs.

9:13-CV-613

DR. FERRARI, Clinton County Correctional
Facility; DR. JOHNSON, Clinton County
Correctional Facility; NURSE BADGER, Clinton
County Correctional Facility; DAMOUR, Nurse;
and LASWAY, Nurse,
Defendants.
___________________________________________
Thomas J. McAvoy,
Sr. U.S. District Judge

DECISION & ORDER
This pro se action pursuant to 42 U.S.C. § 1983 was referred to the Hon. Christian
F. Hummel, United States Magistrate Judge, for a Report-Recommendation pursuant to
28 U.S.C. § 636(b) and Local Rule 72.3(c).
The Report-Recommendation, dated March 21, 2014, recommended that
Defendant’s motion for summary judgment (Dkt. # 34) be granted without prejudice
because Plaintiff failed to exhaust his administrative remedies before filing suit.
No objections to the Report-Recommendation have been filed. After examining the
record, this Court has determined that the Report-Recommendation is not subject to
attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-

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Recommendation for the reasons stated therein.
For the foregoing reasons, the Court ADOPTS the Report and Recommendation
and GRANTS the Defendants’ Motion for Summary Judgment (Dkt. #34) without
prejudice.
IT IS SO ORDERED.
Dated: April 18, 2014

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