Curtis v. Lucia et al

Filing 60

ORDER: ORDERED that the Report-Recommendation and Order (Dkt. No. 58 ) is ADOPTED in its entirety. ORDERED that the exhaustion remedies under the DOCCS IGP were rendered unavailable to Plaintiff with regard to Grievances CL-65115- 14 and CL-65307- 14, and that his claims in this action are not barred by the PLRA based upon his failure to exhaust, and that the matter be set down for trial on Plaintiff's remaining claims. Signed by Senior Judge Gary L. Sharpe on 1/3/18. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
DONALD LEE CURTIS,
Plaintiff,

9:15-cv-718
(GLS/TWD)

v.
R. BOLA et al.,
Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR PLAINTIFF:
Barclay, Damon LLP
555 East Genesee Street
Syracuse, New York 13202

KEVIN G. ROE, ESQ.

FOR DEFENDANT:
HON. ERIC T. SCHNEIDERMAN
Attorney General for the
State of New York
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 Order
and Report and Recommendation by Magistrate Judge Thérèse Wiley

Dancks, duly filed on November 28, 2017. (Dkt. No. 58.) 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
Order and Report and Recommendation for clear error, it is hereby
ORDERED that the Report-Recommendation and Order (Dkt. No.
58) is ADOPTED in its entirety; and it is further
ORDERED that the exhaustion remedies under the DOCCS IGP
were rendered unavailable to Plaintiff with regard to Grievances CL-6511514 and CL-65307-14, and that his claims in this action are not barred by
the PLRA based upon his failure to exhaust, and that the matter be set
down for trial on Plaintiff’s remaining claims; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties
in accordance with the Local Rules.
IT IS SO ORDERED.
January 3, 2018
Albany, New York

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