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George Anthony Gutierrez v. Deborah G. Shult

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


October 24, 2011

GEORGE ANTHONY GUTIERREZ, PLAINTIFF,
v.
DEBORAH G. SHULT, WARDEN, FCI RAYBROOK; KEVIN HAYES, COUNSELOR, FCI RAYBROOK; AND JOHN DOE, CORRECTIONAL OFFICER, FCI RAYBROOK, DEFENDANTS.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

Plaintiff filed this action, pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), on April 26, 2010. See Dkt. No. 1. On October 8, 2010, Defendants filed a motion to dismiss for failure to state a claim or, in the alternative, for summary judgment on the ground that Plaintiff had not exhausted his administrative remedies as the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. § 1997e(a) required him to do. See Dkt. No. 18-1. On September 21, 2011, Magistrate Judge Treece issued a Report-Recommendation and Order, in which he recommended that the Court grant Defendants' motion and dismiss the complaint. See Dkt. No. 25. Plaintiff did not file any objections.

When a party does not object to a magistrate judge's report-recommendation, the court reviews that report-recommendation for clear error or manifest injustice. See Linares v. Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote omitted). After conducting that review, "the Court may 'accept, reject, or modify, in whole or in part, the . . . recommendations made by the magistrate judge.'" Id. (quoting 28 U.S.C. § 636(b)(1)(C)).

The Court has reviewed Magistrate Judge Treece's September 21, 2011 Report-Recommendation and Order for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Treece's September 21, 2011 Report-Recommendation and Order is ACCEPTED 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 the Clerk of the Court shall enter judgment in favor of Defendants and close this case; and the Court further

ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules.

IT IS SO ORDERED.

20111024

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