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Williams v. Allen

September 1, 2009

ALSHON C. WILLIAMS, PLAINTIFF,
v.
T. ALLEN, CORRECTIONAL OFFICER, CLINTON C.F.; C. SMITH, CORRECTIONAL OFFICER, CLINTON C.F.; AND T. TAMER, SERGEANT, CLINTON C.F., DEFENDANTS.



The opinion of the court was delivered by: Hon. Glenn T. Suddaby, United States District Judge

MEMORANDUM DECISION and ORDER

Currently before the Court in this pro se prisoner civil rights action filed by Alshon C. Williams ("Plaintiff") are (1) a motion for summary judgment filed by three employees of the New York State Department of Correctional Services at Clinton Correctional Facility, Correctional Officer T. Allen, Correctional Officer C. Smith, and Sergeant T. Tamer ("Defendants"), (2) United States Magistrate Judge David E. Peebles' Report-Recommendation recommending that Defendants' motion be granted in its entirety, and (3) Plaintiff's timely filed Objection to the Report-Recommendation. (Dkt. Nos. 43-45.) For the reasons set forth below, the Report-Recommendation is accepted and adopted, Defendants' motion is granted, and Plaintiff's Second Amended Complaint is dismissed.

II. BACKGROUND

A. Plaintiff's Second Amended Complaint

Plaintiff commenced this action on March 20, 2006 against five employees of the New York State Department of Correctional Services ("DOCS"). (Dkt. No. 1.) Following the Court's initial review of Plaintiff's original Complaint and Amended Complaint, Plaintiff filed a Second Amended Complaint on August 16, 2006. (Dkt. No. 9.)Generally, in his Second Amended Complaint, Plaintiff asserts claims of excessive force and denial of due process against Defendants Allen, Smith and Tamer, as well as against Donald Selsky and C. Drown, stemming from an alleged incident at Clinton Correctional Facility on October 19, 2005, in which Defendants Allen and Smith allegedly assaulted him while Defendant Tamer stood by, failing to intervene on Plaintiff's behalf. (Dkt. No. 9.) As relief for his injuries, Plaintiff seeks (1) monetary and punitive damages in the amount of two million dollars ($2,000,000) against each Defendant, (2) the expungement of all references to the incident in his disciplinary record, and (3) the termination of Defendants' employment with DOCS. (Id.)

On March 20, 2007, Defendants filed a motion to dismiss for failure to state a claim, pursuant to Fed. R. Civ. P. 12(b)(6). (Dkt. No. 23.) By Order dated February 5, 2008, United States District Judge Lawrence E. Kahn, of this Court, dismissed Plaintiff's Fourteenth Amendment due process claim, as well as all claims against Selsky and Drown, but denied the remainder of the motion. (Dkt. No. 29.)

B. Defendants' Motion for Summary Judgment

On October 22, 2008, the remaining Defendants (Allen, Smith, Tamer) filed a motion for summary judgment, seeking dismissal of the Second Amended Complaint in its entirety as a result of Plaintiff's failure to exhaust his administrative remedies. (Dkt. No. 43.) Plaintiff did not respond to Defendants' motion, despite having been advised of the consequences of failing to do so. (Dkt. No. 43, Parts 1-2.)

C. Magistrate Judge Peebles' Report-Recommendation

On June 26, 2009, Magistrate Judge Peebles issued a Report-Recommendation recommending that Defendants' motion be granted and that Plaintiff's Second Amended Complaint be dismissed in its entirety. (Dkt. No. 44.) Familiarity with the grounds of Magistrate Judge Peebles' Report-Recommendation is assumed in this Decision and Order, and only those facts necessary to the discussion will be set forth herein.

D. Objection to the Report-Recommendation

On July 8, 2009, Plaintiff submitted a timely Objection to the Report-Recommendation. (Dkt. No. 45.) In his Objection, which is one page in length, Plaintiff argues that he objects to the Report-Recommendation because, "from the start [Magistrate Judge Peebles] and District Judge Kahn knew that [he] did not file a grievance and should have ordered [him] to do so immediately." (Id.) Plaintiff also argues that his "illiteracy" in legal matters inhibited his ability to effectively prosecute his claims, and that, by not assisting him, Judge Peebles "failed in [his] duty to [Plaintiff] as well as [to] the court of law entrusted in [your] care, custody and control." (Id.)

II. GOVERNING LEGAL STANDARDS

A. Legal Standard Governing Motion for ...


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