Hamlett v. Stotler et al

Filing 60

ORDER: It is hereby ORDERED that the Amended Order and Report-Recommendation(Dkt. No. 56 ) is ADOPTED in its entirety; and it is further ORDERED that defendants' motion for summary judgment (Dkt. No. 16 ) is DENIED; 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. Signed by Senior Judge Gary L. Sharpe on 9/11/2019. (Copy served via regular mail)(meb)

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

9:17-cv-0939
(GLS/TWD)

v.
SERGEANT STOTLER et al.,
Defendants
APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF:
JOHN HAMLETT
08-A-0598
Green Haven Correctional Facility
P.O. Box 400
Stormville, NY 12582
BOND, SCHOENECK & KING, PLLC
One Lincoln Center
Syracuse, NY 13202
FOR DEFENDANTS:
HON LETITIA JAMES
New York State Attorney General
The Capitol
Albany, NY 12224

Gary L. Sharpe
Senior District Judge

JOHN F. BOYD, ESQ.
GEORGE H. LOWE, ESQ.

RYAN L. ABEL
Assistant Attorney General

ORDER
The above-captioned matter comes to this court following an
Amended Order and Report-Recommendation (R&R) by Magistrate Judge
Thérése Wiley Dancks duly filed on August 15, 2019. (Dkt. No. 56.)
Following fourteen days from the service thereof, the Clerk has sent the
file, including any and all objections filed by the parties herein.1
No objections having been filed, and the court having reviewed the
R&R for clear error, it is hereby
ORDERED that the Amended Order and Report-Recommendation
(Dkt. No. 56) is ADOPTED in its entirety; and it is further
ORDERED that defendants’ motion for summary judgment (Dkt. No.
16) is DENIED; and it is further

1

Following this court’s adoption of a prior Order and ReportRecommendation, (Dkt. No. 28), Judge Dancks presided over an
exhaustion hearing, which necessarily reopened defendants’ motion
seeking summary judgment on a failure to exhaust theory, (Dkt. No. 45).
Following that hearing, defendants submitted supplemental briefing and
plaintiff John Hamlett submitted proposed findings of fact and conclusions
of law. (Dkt. Nos. 50, 52.) The R&R does not specifically recommend the
denial of defendants’ motion, but this court interprets it to have that effect
based upon the specific recommendation, which is now adopted, that the
administrative remedies under the grievance program were rendered
“unavailable” within the meaning of Ross v. Blake, 136 S. Ct. 1850 (2016).
2

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.
September 11, 2019
Albany, New York

3