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Helmer v. Hoy

United States District Court, Second Circuit

September 10, 2013

FRANCIS HELMER, JR. Plaintiff,
v.
M. HOY, Correctional Sergeant, Great Meadow Correctional Facility; JOHN SERRELL, Correctional Officer, Great Meadow Correctional Facility; and A. TORRES formerly known as John Doe, Defendants.

FRANCIS HELMER, JR., 08-A-4467, Five Points Correctional Facility, Romulus, NY, Plaintiff pro se.

CHARLES J. QUACKENBUSH, ESQ., ERIC T. SCHNEIDERMAN, JAMES B. McGOWAN, ESQ., Ass't Attorneys General, Attorney General for the State of New York The Capitol, Albany, NY, Attorney for Defendants.

DECISION and ORDER

DAVID N. HURD, District Judge.

Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On July 26, 2013, the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion for summary judgment be granted and that plaintiff's complaint be dismissed in its entirety, based upon plaintiff's failure to exhaust available administrative remedies before commencing this action. Plaintiff timely filed objections to the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).

Therefore, it is

ORDERED that

1. Defendants' motion for summary judgment is GRANTED; and
2. Plaintiff's complaint is DISMISSED in its entirety.

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

IT IS SO ORDERED.


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