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Lakes v. Chaplin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


October 21, 2010

KEVIN LAKES, PLAINTIFF,
v.
CHAPLIN, CORRECTION OFFICER, WASHINGTON CORRECTIONAL FACILITY, DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

Plaintiff, Kevin Lakes, commenced this civil rights action in October 2009, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated September 30, 2010, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that defendant's motion for judgment on the pleadings (Docket No. 16) be granted and the complaint be dismissed without prejudice in its entirety based on plaintiff's failure to exhaust his administrative remedies. No objections to the Report-Recommendation have been filed.

Based upon a careful review of the file, and the recommendations of Magistrate Judge Baxter, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1).

Accordingly, it is ORDERED that

1. Defendant's motion for judgment on the pleadings (Docket No. 16) is GRANTED.

2. The complaint is DISMISSED in its entirety, without prejudice; and

3. The Clerk is directed to file judgment accordingly and close the file.

IT IS SO ORDERED.

20101021

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