Caldwell v. Kusminisky et al, No. 9:2019cv00673 - Document 54 (N.D.N.Y 2022)

Court Description: DECISION AND ORDER: ORDERED that the Court ACCEPTS and ADOPTS the Report-Recommendation (Dkt. No. 52 ) for the reasons stated therein. ORDERED that defendant C.O. Kusminsky's motion for summary judgment (Dkt. No. 49 ) is GRANTED, and that the complaint is DISMISSED IN ITS ENTIRETY FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES. Signed by Senior Judge Thomas J. McAvoy on March 31, 2022. {order served via regular and certified mail on plaintiff}(nas)

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Caldwell v. Kusminisky et al Doc. 54 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ DAVID CALDWELL, Plaintiff, v. 9:19-CV-673 (TJM/ATB) C.O. KUSMINSKY, et al., Defendants. ________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION and ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). In his February 7, 2022 ReportRecommendation (Dkt. No. 52), Judge Baxter recommends that defendant C.O. Kusminsky’s motion for summary judgment (Dkt. No. 49) be GRANTED, and that the complaint be DISMISSED IN ITS ENTIRETY FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES. Id. at 13. Plaintiff has filed no objections to the ReportRecommendation, and his time to do so has passed. II. DISCUSSION After examining the record, this Court has determined that the Report- Recommendation is not subject to attack for plain error or manifest injustice. 1 Dockets.Justia.com III. CONCLUSION Accordingly, the Court ACCEPTS and ADOPTS the Report-Recommendation (Dkt. No. 52) for the reasons stated therein. It is therefore ORDERED that defendant C.O. Kusminsky’s motion for summary judgment (Dkt. No. 49) is GRANTED, and that the complaint is DISMISSED IN ITS ENTIRETY FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES. The Clerk may close the file in this case. IT IS SO ORDERED. Dated: March 31, 2022 2

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