Pridgen v. Beatie et al

Filing 43

DECISION AND ORDER: ORDERED that 41 Report and Recommendation is accepted and adopted in all respects. ORDERED that 25 Motion for Summary Judgment is GRANTED; and Plaintiff's complaint is DISMISSED in its entirety, without prejudice. The Clerk is directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 3/19/18. {order served via regular mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------JOSHUA PRIDGEN,
Plaintiff,
-v-

9:16-CV-535
(DNH/CFH)

OFFICER BEATIE, Watertown Correctional Facility,
sued in both individual and official capacity,
Defendant.
-------------------------------APPEARANCES:
JOSHUA PRIDGEN
Plaintiff pro se
13-R-2638
Auburn Correctional Facility
P.O. Box 618
Auburn, NY 13021
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendant
The Capitol
Albany, NY 12224

MICHAEL G. MCCARTIN, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Joshua Pridgen brought this civil rights action pursuant to 42 U.S.C.
§ 1983. On January 17, 2018, the Honorable Christian F. Hummel, United States Magistrate
Judge, advised by Report-Recommendation that defendant's motion for summary judgment
be granted for failure to exhaust administrative remedies and that plaintiff's complaint be

dismissed in its entirety, without prejudice. Plaintiff filed timely objections to the ReportRecommendation.
Based upon a de novo review of the portions of the Report-Recommendation to which
plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See
28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendant's motion for summary judgment is GRANTED; and
2. Plaintiff's complaint is DISMISSED in its entirety, without prejudice.
The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.

Dated: March 19, 2018
Utica, New York.

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