Casey v. Brockley et al, No. 9:2013cv01271 - Document 46 (N.D.N.Y 2015)

Court Description: DECISION AND ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the 44 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that defendants' 37 Motion to Dis miss is GRANTED. ORDERED, that plaintiff's complaint is DISMISSED without prejudice in its entirety. ORDERED, that in the event CORC has rendered a decision on plaintiff's appeal, plaintiff is granted thirty (30) days from the filing of this Decision and Order to refile this suit indicating the outcome of the appeal. ORDERED, that if within thirty (30) days of the filing of this Decision and Order CORC has not issued a decision, plaintiff's administrative remedies will be d eemed unavailable to him and he will be allowed to refile this suit. Plaintiff will have sixty (60) days from the filing of this Decision and Order to file an amended complaint indicating such. ORDERED, that the Clerk of the Court is directed to serve a copy of this Decision and Order on the parties in accordance with the Local Rules. The Clerk is further directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 12/2/15. (served on plaintiff by regular and certified mail) (alh, )