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Taylor v. Halladay

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


July 23, 2010

PETER TAYLOR, PLAINTIFF,
v.
LT. R. HALLADAY AND C.O. R. MILLER, DEFENDANTS.

The opinion of the court was delivered by: Frederick J. Scullin, Jr., S.J.

ORDER

After carefully considering the entire file in this matter, including Magistrate Judge Peebles' July 1, 2010 Report and Recommendation to which the parties have not filed any objections; the Court hereby

ORDERS that Magistrate Judge Peebles' July 1, 2010 Report and Recommendation is ADOPTED IN ITS ENTIRETY for the reasons stated therein; and the Court further

ORDERS that Defendants' motion for summary judgment is GRANTED, and the Court further

ORDERS that Plaintiff's complaint is DISMISSED in its entirety based upon his failure to exhaust available administrative remedies before commencing suit; and the Court further

ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and close this case.

IT IS SO ORDERED.

20100723

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