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Riley J. Williams v. Robert A. French

June 15, 2011

RILEY J. WILLIAMS, PLAINTIFF,
v.
ROBERT A. FRENCH, ALSO KNOWN AS ROBERT A. FRANCE, DEFENDANT.



The opinion of the court was delivered by: Hon. Norman A. Mordue, Chief U.S. District Judge:

MEMORANDUM-DECISION AND ORDER

When he commenced this action under 42 U.S.C. § 1983, plaintiff was an inmate in the custody of the New York State Department of Correctional Services. In his pro se complaint, he alleges that defendant violated his First Amendment rights by failing to provide the Ramadan meal to which plaintiff was entitled. Presently before the Court is a Report and Recommendation (Dkt. No. 18) pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3(c) from United States Magistrate Judge David R. Homer recommending that defendant's motion (Dkt. No. 11) to dismiss the complaint be granted. Plaintiff objects (Dkt. No. 20). Upon de novo review pursuant to 28 U.S.C. § 636(b)(1)(C), this Court accepts the Report and Recommendation and grants the motion.

Defendant's dismissal motion is based on the provision in 42 U.S.C. § 1997e(a) that "[n]o action shall be brought with respect to prison conditions under section 1983 ... by a prisoner ... until such administrative remedies as are available are exhausted." Defendant argues that plaintiff's own statements in his complaint establish as a matter of law that plaintiff failed to exhaust his remedies, and that therefore the case must be dismissed without prejudice.

The complaint, dated August 14, 2010 and filed August 18, 2010, alleges: "On August 14, 2010, Cook lack of preparation for Ramadan meals." Thus, the complaint was drawn up on the day the alleged constitutional deprivation occurred and filed four days later. Regarding exhaustion, the questions on the complaint form and plaintiff's handwritten answers (italicized) are as follows*fn1

a. Is there a prisoner grievance procedure at this facility? Yes.

b. If your answer to 4a is YES, did you present the facts relating to your complaint in this grievance program?

Yes.

If your answer to 4b is YES,

(i) What steps did you take?

The only step their is to be taken.

I never gotten one yet.

(ii) What was the final result of your grievance?

c. If there is no grievance procedure in your institution, did you complain to prison authorities about the ...


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