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ARNOLD v. GOETZ

United States District Court, Southern District of New York


August 14, 2003

DAVID ARNOLD, PLAINTIFF,
v.
C.O. A. GOETZ, SGT. A. MONTEGARI, C.O.W. KELLY, DEFENDANTS

The opinion of the court was delivered by: Denise Cote, District Judge

MEMORANDUM OPINION AND ORDER

On January 11, 2002, the District Court filed an amended pro se complaint brought by David Arnold against three corrections officers at the Green Haven Correctional Facility for their alleged assault on June 22, 2001, which left him with a laceration above his eye among other injuries. On February 7, 2003, the Hon. Whitman Knapp ordered, inter alia, that the defendants' motion to dismiss for the failure of the plaintiff to exhaust administrative remedies was converted to a motion for summary judgment. In early May, the defendants filed their motion for summary judgment, giving notice to the plaintiff of his obligations in opposing the summary judgment motion. Through an Order of May 22, Judge Knapp also gave the plaintiff notice of his obligations in connection with the summary judgment motion, including notice that if the plaintiff did not present evidence [ Page 2]

by July 21 in opposition to the motion, that the defendants' factual assertions may be accepted as true and judgment entered in the defendants' favor without a trial. The plaintiff has submitted no opposition to the motion.

On July 29, 2003, this case was transferred to this Court. The defendants' summary judgment submissions establish that the plaintiff did not use the administrative remedies available at Green Haven to complain about the assault. While the plaintiff asserts in his amended complaint that he did not know how to file a grievance, he has provided no response to the defendants' evidence in support of their summary judgment motion that the plaintiff had access to information about the grievance procedures through both the inmate manual and the prison library. As a consequence, this lawsuit must be dismissed for failure to exhaust available administrative remedies before bringing a lawsuit in federal court. Porter v. Nussle, 534 U.S. 516, 520 (2002); Lawrence v. Goord, 304 F.3d 198, 200 (2d Cir. 2002).

CONCLUSION

The Clerk of Court shall enter judgment for the defendants and close the case.

SO ORDERED [ Page 1]

20030814

© 1992-2003 VersusLaw Inc.



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