Grant v. Doe et al

Filing 23

ORDER: ORDERED that the Report and Recommendation (Dkt. No. 22 ) is ADOPTED in its entirety. ORDERED that defendant's motion to dismiss (Dkt. No. 19 ) is DENIED without prejudice to defendant's right to raise the issue of exhaustion at an appropriate later juncture. Signed by Senior Judge Gary L. Sharpe on 6/15/18. {order served via regular mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
BRANDON GRANT,
Plaintiff,

9:17-cv-1224
(GLS/DEP)

v.
KOPP, Correction Officer,
Shawangunk Correctional Facility,
Defendant.
APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF:
BRANDON GRANT
Plaintiff, Pro Se
14-A-3700
Auburn Correctional Facility
P.O. Box 618
Auburn, New York 13021
HON. BARBARA UNDERWOOD
New York Attorney General
The Capitol
Albany, New York 12224

HELENA O. PEDERSON
Assistant Attorney General

Gary L. Sharpe
Senior District Judge

ORDER
The above-captioned matter comes to this court following a Report
and Recommendation by Magistrate Judge David E. Peebles, duly filed on

May 17, 2018. (Dkt. No. 22.) 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 and Recommendation for clear error, it is hereby
ORDERED that the Report and Recommendation (Dkt. No. 22) is
ADOPTED in its entirety; and it is further
ORDERED that defendant’s motion to dismiss (Dkt. No. 19) is
DENIED without prejudice to defendant’s right to raise the issue of
exhaustion at an appropriate later juncture; 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.
June 15, 2018
Albany, New York

2