Shoults v. Anderson et al

Filing 19

ORDER: ORDERED that the Report-Recommendation and Order (Dkt. No. 18 ) is ADOPTED in its entirety. ORDERED that the defendants' motion to dismiss (Dkt. No. 12 ) based upon Plaintiff's failure to exhaust available administrative rem edies prior to bringing this action is DENIED without prejudice and with leave to renew at a later date upon a fuller record. ORDERED that defendants shall file an answer to the complaint as permitted under the Federal Laws of Civil Procedure. Signed by Senior Judge Gary L. Sharpe on 2/23/16. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
MICHAEL SHOULTS, JR.,
Plaintiff,

9:14-cv-1184
(GLS/DJS)

v.
MD PANG L. KOOI et al.,
Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
MICHAEL SHOULTS, JR.
Pro Se
11-B-1527
Cayuga Correctional Facility
P.O. Box 1186
Moravia, N.Y. 13118
FOR THE DEFENDANTS:
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
The Capitol
Albany, New York 12224

DENISE P. BUCKLEY
Assistant Attorney General

Gary L. Sharpe
Senior District Judge
ORDER
The above-captioned matter comes to this court following a ReportRecommendation and Order by Magistrate Judge Daniel J. Stewart, duly

filed on January 28, 2016. (Dkt. No. 18.) Following fourteen days from the
service thereof, the Clerk has sent the file, including any and all objections
filed by the parties herein.
No objections having been filed, and the court having reviewed the
Report-Recommendation and Order for clear error, it is hereby
ORDERED that the Report-Recommendation and Order (Dkt. No.
18) is ADOPTED in its entirety; and it is further
ORDERED that the defendants’ motion to dismiss (Dkt. No. 12)
based upon Plaintiff’s failure to exhaust available administrative remedies
prior to bringing this action is DENIED without prejudice and with leave to
renew at a later date upon a fuller record; and it is further
ORDERED that defendants shall file an answer to the complaint as
permitted under the Federal Laws of Civil Procedure; 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.
February 23, 2016
Albany, New York

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