Hamlett v. Stotler et al

Filing 28

ORDER: ORDERED that the Order and Report-Recommendation (Dkt. No. 26 ) is ADOPTED in its entirety. ORDERED that defendants' motion for summary judgment (Dkt. No. 16 ) is DENIED. ORDERED that defendants' application for an exhaustion hea ring (Dkt. No. 27 at 3) is GRANTED. ORDERED that the exhaustion hearing and associated issues are REFERRED to Judge Dancks for the issuance of a Report and Recommendation. Signed by Senior Judge Gary L. Sharpe on 6/6/18. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
JOHN HAMLETT,
Plaintiff,

9:17-cv-939
(GLS/TWD)

v.
SERGEANT STOTLER et al.,
Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
John Hamlett
Pro Se
08-A-0598
Green Haven Correctional Facility
P.O. Box 4000
Stormville, NY 12582
FOR THE DEFENDANTS:
HON. BARBARA D. UNDERWOOD
New York Attorney General
The Capitol
Albany, NY 12224

KATIE E. VALDER
Assistant Attorney General

Gary L. Sharpe
Senior District Judge
ORDER
On April 27, 2018, Magistrate Judge Thérèse Wiley Dancks issued
an Order and Report-Recommendation (R&R), which recommends the

denial of defendants’ motion for summary judgment. (Dkt. No. 26.)
Pending before the court is defendants’ objection to the R&R.1 (Dkt. No.
27.)
As stated in their objection, defendants “reassert the arguments set
forth in their previously filed motion for summary judgment and subsequent
reply.” (Id. at 1.) The substance of defendants’ objection is a rehashing of
arguments raised in the briefing considered by Judge Dancks, more
specifically, in their reply memorandum of law. Objections of this variety
are general and warrant review for clear error only. See Almonte v. N.Y.
State Div. of Parole, No. Civ. 904CV484, 2006 WL 149049, at *5-6
(N.D.N.Y. Jan. 18, 2006). After careful consideration of the R&R, the court
finds no clear error and adopts the R&R, (Dkt. No. 26), in its entirety.
Accordingly, it is hereby
ORDERED that the Order and Report-Recommendation (Dkt. No.
26) is ADOPTED in its entirety; and it is further
ORDERED that defendants’ motion for summary judgment (Dkt. No.
1

While defendants’ main objective is to persuade the court to grant their summary
judgment motion, they alternatively seek an exhaustion hearing and some affiliated discovery,
which the court construes as a new motion. (Dkt. No. 27 at 3.) Even though defendants’
summary judgment motion is denied as filed, the alternate relief requested—an exhaustion
hearing—is granted and the matter is referred to Judge Dancks for an exhaustion hearing and
any briefing she deems necessary to frame the issues before or after such hearing.

2

16) is DENIED; and it is further
ORDERED that defendants’ application for an exhaustion hearing
(Dkt. No. 27 at 3) is GRANTED; and it is further
ORDERED that the exhaustion hearing and associated issues are
REFERRED to Judge Dancks for the issuance of a Report and
Recommendation; 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.
June 6, 2018
Albany, New York

3