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Bryant v. Melvin Williams R. Reynolds

United States District Court, W.D. New York
Jun 16, 2009
08-CV-778S (W.D.N.Y. Jun. 16, 2009)

Summary

adopting recommendation that claim be dismissed for failure to exhaust, where plaintiff failed to seek and file grievance forms, and rejecting plaintiff's arguments that he could not exhaust his claims because he either lacked access to the law library or was unaware of his remedies

Summary of this case from Salvatierra v. Connolly

Opinion

08-CV-778S.

June 16, 2009


ORDER


1. On October 21, 2008, Plaintiff Riland Bryant, an inmate proceeding pro se, commenced this action by filing a Complaint in this Court against Defendants, alleging excessive force. (Docket No. 1.) On December 26, 2008, Defendants filed a Motion to Dismiss. (Docket No. 4.) This Court referred the matter to the Honorable Hugh B. Scott, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1)(C). (Docket No. 5.)

2. On April 29, 2009, Judge Scott filed a Report and Recommendation recommending that Plaintiff's motion be granted based upon Plaintiff's failure to exhaust his administrative remedies. (Docket No. 14.) Judge Scott alternatively recommended that, in the event the Court reached the merits of Defendants' motion, the motion should be granted as to Defendant Melvin Williams on the failure to allege personal involvement, and denied as to Defendant R. Reynolds. (Id.) No objections to the Report and Recommendation were received from either party within ten (10) days from the date of its service, in accordance with 28 U.S.C. § 636(b)(1)(C) and Local Rule 72.3(a)(3).

3. This Court has carefully reviewed Judge Scott's Report and Recommendation as well as the underlying papers and will accept Judge Scott's recommendation that Defendants' motion be granted on the grounds that Plaintiff failed to exhaust his administrative remedies.

IT HEREBY IS ORDERED, that this Court accepts Judge Scott's Report and Recommendation (Docket No. 14) in its entirety, including the authorities cited and the reasons given therein.

FURTHER, that Defendants' Motion to Dismiss (Docket No. 14) is GRANTED.

FURTHER, that the Clerk of the Court is directed to take the necessary steps to close this case.

SO ORDERED.


Summaries of

Bryant v. Melvin Williams R. Reynolds

United States District Court, W.D. New York
Jun 16, 2009
08-CV-778S (W.D.N.Y. Jun. 16, 2009)

adopting recommendation that claim be dismissed for failure to exhaust, where plaintiff failed to seek and file grievance forms, and rejecting plaintiff's arguments that he could not exhaust his claims because he either lacked access to the law library or was unaware of his remedies

Summary of this case from Salvatierra v. Connolly

noting Second Circuit cases in which special circumstances have been held to exist, including cases involving an inmate's reasonable albeit erroneous interpretation of prison regulations, and an inmate's reliance upon the court's earlier construction of the law

Summary of this case from Winfield v. Bishop

noting Second Circuit cases in which special circumstances have been held to exist, including an inmate's reasonable -albeit erroneous - interpretation of prison regulations or an inmate's reliance on the court's earlier construction of the law

Summary of this case from Muhammad v. Cnty. of Suffolk
Case details for

Bryant v. Melvin Williams R. Reynolds

Case Details

Full title:RILAND BRYANT, Plaintiff, v. WILLIAMS, Defendants

Court:United States District Court, W.D. New York

Date published: Jun 16, 2009

Citations

08-CV-778S (W.D.N.Y. Jun. 16, 2009)

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