Helmer v. Fischer et al, No. 9:2011cv00295 - Document 72 (N.D.N.Y 2013)
Court Description: DECISION and ORDER: Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the 68 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is O RDERED that 1. Defendants' 53 motion for summary judgment is GRANTED; and 2. Plaintiff's complaint is DISMISSED in its entirety. The Clerk is directed to file judgment accordingly and close the file. Signed by Judge David N. Hurd on 9/10/2013. (ptm) (Copy served on plaintiff by regular mail)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------FRANCIS HELMER, JR. Plaintiff, -v- 9:11-CV-0295 M. HOY, Correctional Sergeant, Great Meadow Correctional Facility; JOHN SERRELL, Correctional Officer, Great Meadow Correctional Facility; and A. TORRES formerly known as John Doe, Defendants. -------------------------------APPEARANCES: OF COUNSEL: FRANCIS HELMER, JR., Plaintiff pro se 08-A-4467 Five Points Correctional Facility Caller Box 119 Romulus, NY 14541 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 CHARLES J. QUACKENBUSH, ESQ. JAMES B. McGOWAN, ESQ. Ass't Attorneys General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On July 26, 2013, the Honorable David E. Peebles, United States Magistrate Judge, advised, by ReportRecommendation, that defendants' motion for summary judgment be granted and that plaintiff's complaint be dismissed in its entirety, based upon plaintiff's failure to exhaust available administrative remedies before commencing this action. Plaintiff timely filed objections to the Report-Recommendation. Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendants' motion for summary judgment is GRANTED; and 2. Plaintiff's complaint is DISMISSED in its entirety. The Clerk is directed to file judgment accordingly and close the file. IT IS SO ORDERED. Dated: September 10, 2013 Utica, New York. -2-
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