Hemby v. Ferrari et al, No. 9:2013cv00613 - Document 41 (N.D.N.Y 2014)
Court Description: DECISION AND ORDER: ORDERED that 40 Report and Recommendation is adopted and 34 Motion for Summary Judgment is granted without prejudice. Signed by Senior Judge Thomas J. McAvoy on 4/18/14. {order served via regular mail on plaintiff}(nas)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ TERRENCE HEMBY, Plaintiff, vs. 9:13-CV-613 DR. FERRARI, Clinton County Correctional Facility; DR. JOHNSON, Clinton County Correctional Facility; NURSE BADGER, Clinton County Correctional Facility; DAMOUR, Nurse; and LASWAY, Nurse, Defendants. ___________________________________________ Thomas J. McAvoy, Sr. U.S. District Judge DECISION & ORDER This pro se action pursuant to 42 U.S.C. § 1983 was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). The Report-Recommendation, dated March 21, 2014, recommended that Defendant s motion for summary judgment (Dkt. # 34) be granted without prejudice because Plaintiff failed to exhaust his administrative remedies before filing suit. No objections to the Report-Recommendation have been filed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report- 1 Recommendation for the reasons stated therein. For the foregoing reasons, the Court ADOPTS the Report and Recommendation and GRANTS the Defendants Motion for Summary Judgment (Dkt. #34) without prejudice. IT IS SO ORDERED. Dated: April 18, 2014 2
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