Summary
holding that waiting five months for a decision from CORC does not constitute a special circumstance that would justify the plaintiff filing a lawsuit before fully exhausting all available remedies
Summary of this case from Smith v. LioidiceOpinion
No. 9:12-CV-1282 (DNH/DEP)
06-19-2014
ELI PAGAN COUVERTIER, also known as Eli Pagan, Plaintiff, v. JULIE JACKSON, et al., Defendants.
ELI PAGAN COUVERTIER Plaintiff Pro Se HON. ERIC T. SCHNEIDERMAN New York State Attorney General Attorney for Defendants CHRISTOPHER W. HALL, ESQ. Ass't Attorney General
APPEARANCES: ELI PAGAN COUVERTIER
Plaintiff Pro Se
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
Attorney for Defendants
OF COUNSEL: CHRISTOPHER W. HALL, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Eli Pagan Couvertier brought this action pursuant to 42 U.S.C. §§ 1983, 2000cc et seq., alleging deprivations of his civil rights. On May 22, 2014, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. 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 serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules and close the file.
__________
United States District Judge
Dated: June 19, 2014
Utica, New York.