Hall v. Bradley et al, No. 6:2012cv06202 - Document 18 (W.D.N.Y. 2015)

Court Description: DECISION AND ORDER GRANTING 7 Motion for Summary Judgment and DENYING 15 Motion for Discovery. Because Hall's failure to exhaust his administrative remedies is fatal to this action, the Defendants' Motion for Summary Judgment 7 is GRANTED, and this action is dismissed with prejudice. The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a), that any appeal from this Order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438 (1962). Any request to proceed in forma pauperis on appeal should be directed by motion to the United States Court of Appeals for the Second Circuit in accordance with Rule 24 of the Federal Ru les of Appellate Procedure. The Clerk of the Court is directed to close this case. Signed by Hon. Frank P. Geraci, Jr. on 6/29/15. A copy of the NEF and the Decision and Order have been mailed to the pro se Plaintiff at Auburn Correctional Facility. -CLERK TO FOLLOW UP- (SCE)