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finding that the plaintiff's alleged fear of retaliation was insufficient to render administrative remedies unavailable to him because the plaintiff filed several grievances during the time period in question
Summary of this case from Quick v. OmitteeOpinion
No. 9:10-CV-1030 (DNH/CFH)
11-05-2014
LEROY DORSEY, Plaintiff, v. FRANK INGERSON, Officer 3-11 P.M. shift; S. GROOM, Officer, Special Housing Unit, F-1 Company, 7-3, 8-4, Great Meadow Correctional Facility; and SERGEANT C.S. COLLINS, Defendants.
APPEARANCES: LEROY DORSEY Plaintiff Pro se 97-A-3442 Elmira Correctional Facility P.O. Box 500 Elmira, NY 14902 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 OF COUNSEL: JUSTIN L. ENGEL, ESQ. Ass't Attorney General
APPEARANCES: LEROY DORSEY
Plaintiff Pro se
97-A-3442
Elmira Correctional Facility
P.O. Box 500
Elmira, NY 14902
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224
OF COUNSEL: JUSTIN L. ENGEL, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Leroy Dorsey brought this civil rights action pursuant to 42 U.S.C. § 1983. On October 9, 2014, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted. 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;
2. The second amended complaint is DISMISSED in its entirety; and
3. The Clerk is directed to enter Judgment accordingly, serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules and close the file.
IT IS SO ORDERED.
/s/_________
United States District Judge
Dated: November 5, 2014
Utica, New York.