Woodward v. Doe #1 et al

Filing 90

DECISION AND ORDER: ORDERED that based upon a careful review of entire file and the recommendations of theMagistrate Judge, the 85 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that Defendants' 70 motion for summary judgment based on failure to exhaust is DENIED without prejudice as premature. Signed by Judge David N. Hurd on 4/24/2020. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------SHAWN WOODWARD,
Plaintiff,
-v-

9:18-CV-83
(DNH/DJS)

J. GORI, Correctional Officer, formerly known as
John Doe #1; GELETA, Correctional Sergeant,
formerly known as John Doe #2; and K. CITUK,
Correctional Officer, formerly known as John
Doe #3,
Defendants.
-------------------------------APPEARANCES:
SHAWN WOODWARD
Plaintiff pro se
SBI # 977468B
South Woods State Prison
INM# 280741
215 Burlington Road South
Bridgeton, NJ05302
HON. LETITIA JAMES
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224

RYAN L. ABEL, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff Shawn Woodward brought this civil rights action pursuant to 42
U.S.C. § 1983. On March 31, 2020, the Honorable Daniel J. Stew art, United States

Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary
judgment based on failure to exhaust be denied without prejudice as premature. No
objections to the Report- Recommendation were filed.
Based upon a careful review of entire file and the recommendations of the
Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C.
§ 636(b)(1).
Therefore, it is
ORDERED that
Defendants' motion for summary judgment based on failure to exhaust is DENIED
without prejudice as premature.
IT IS SO ORDERED.

Dated: April 24, 2020
Utica, New York.

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