Williams v. Auburn CF et al

Filing 30

DECISION AND ORDER: ORDERED, that the Court ADOPTS the Report-Recommendation and Order [dkt. # 29 ] for the reasons stated therein. Defendants' motion for summary judgment [dkt. # 27 ] on Plaintiff's amended complaint [dkt. # 10] is GRAN TED and Plaintiff's amended complaint is DISMISSED without prejudice for Plaintiff's failure to exhaust his administrative remedies pursuant to 42 U.S.C. § 1997e(a). Signed by Senior Judge Thomas J. McAvoy on 12/21/15. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
KAYLIN WILLIAMS,
Plaintiff,
v.

No. 9:14-CV-437
(TJM/CFH)

PAUL W. CHAPPIUS, Superintendent,
Elmira Correctional Facility, et al.,
Defendants.
________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER
I.

INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983, was referred to the Hon.

Christian F. Hummel, United States Magistrate Judge, for a Report and Recommendation
pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to Magistrate Judge
Hummel’s Report-Recommendation and Order [dkt. # 29] have been filed, and the time to
do so has expired.
II.

DISCUSSION
After examining the record, this Court has determined that the Report-

Recommendation and Order is not subject to attack f or plain error or manifest injustice.
III.

CONCLUSION
Accordingly, the Court ADOPTS the Report-Recommendation and Order [dkt. # 29]

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for the reasons stated therein. Defendants’ motion for summary judgment [dkt. # 27] on
Plaintiff’s amended complaint [dkt. # 10] is GRANTED and Plaintiff’s amended complaint
is DISMISSED without prejudice for Plaintiff’s failure to exhaust his administrative
remedies pursuant to 42 U.S.C. § 1997e(a).
IT IS SO ORDERED.
Dated:December 21, 2015

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