White v. Gokey

Filing 219

ORDER: ORDERED that the Report-Recommendation and Order (Dkt. No. 212 ) is ADOPTED in its entirety. ORDERED that defendant's motion for summary judgment (Dkt. No. 196 ) is GRANTED and the complaint (Dkt. No. 1 ) is DISMISSED. ORDERED that the Clerk is directed to close this case. Signed by Senior Judge Gary L. Sharpe on 9/27/17. {order served via regular mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
JOHN H. WHITE,
Plaintiff,

9:14-cv-2
(GLS/DJS)

v.
JOEY DISHAW,
Defendant.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
John H. White
Pro Se
08-A-3366
Mid-State Correctional Facility
P.O. Box 2500
Marcy, NY 13403
FOR THE DEFENDANT:
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
The Capitol
Albany, New York 12224

BRIAN W. MATULA
Assistant Attorney General

Gary L. Sharpe
Senior District Judge
ORDER
On June 20, 2017, Magistrate Judge Daniel J. Stewart filed a Report-

Recommendation and Order (R&R), which recommends that defendant’s
motion for summary judgment be granted for failure to exhaust
administrative remedies. (Dkt. No. 212.) White thereafter sought and was
granted additional time to file objections. (Dkt. Nos. 213, 214.) Pending
before the court are White’s objections. (Dkt. No. 217.)1
White objections, which consist of both generalized gripes and
specific arguments as to why Judge Stewart’s recommendation is
incorrect, (id.), have been carefully reviewed. While the general objections
trigger review for clear error only, the specific objections require the court
to consider the arguments de novo. See Almonte v. N.Y.S. Div. of Parole,
No. Civ. 904CV484, 2006 WL 149049, at *5-*6 (N.D.N.Y. Jan. 18, 2006).
Having also carefully considered the R&R in light of White’s objections, the
court sees no reason to repeat what is said there in conducting a de novo
review because this court reaches the same conclusions as those reached
by Judge Stewart: White had available remedies to exhaust and failed to
do so. See Ross v. Blake, 136 S. Ct. 1850, 1858-62 (2016). Accordingly,

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Within his objections, White seeks recusal of both Judge Stewart and this court “for
ongoing falsifications & denials of due process.” (Dkt. No. 217 at 4.) Finding no merit
whatsoever in White’s assertion and in consideration of the appropriate statutes, see 28
U.S.C. §§ 144, 455, White’s request is DENIED.

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the R&R, (Dkt. No. 212), is adopted in its entirety.
Accordingly, it is hereby
ORDERED that the Report-Recommendation and Order (Dkt. No.
212) is ADOPTED in its entirety; and it is further
ORDERED that defendant’s motion for summary judgment (Dkt. No.
196) is GRANTED and the 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 of Practice.
IT IS SO ORDERED.
September 27, 2017
Albany, New York

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