Summary
holding that plaintiff failed to exhaust administrative remedies on his claim alleging "retaliatory preparation of a false misbehavior report" where he had neither filed a grievance nor appealed his disciplinary determination
Summary of this case from Washington v. ChabotyOpinion
09 Civ. 3722 (SHS)
03-26-2012
RICHARD SALVATIERRA, Plaintiff, v. SUPERINTENDENT WILLIAM CONNOLLY, CORRECTIONAL OFFICER MONTGOMERY, SERGEANT TELESCO, CORRECTIONAL OFFICER LUJAN, CORRECTIONAL OFFICER CROOM, CORRECTIONAL OFFICER DAWLEY, DOCTOR MAMIS, CAPTAIN PELC, and SENIOR CORRECTIONAL OFFICER C. GOOD, Defendants.
ORDER
SIDNEY II. STEIN, U.S. District Judge.
On February 29, 2012 Magistrate Judge Debra Freeman issued a Report and Recommendation recommending that (1) the motion to dismiss by all defendants except Sean Dawley and Keith J. Montgomery be granted with prejudice; and (2) the motion to dismiss by defendant Dawley be granted with prejudice, or, alternatively, that the motion be converted to one for summary judgment and then granted in Dawley's favor, with prejudice. Objections to the Report and Recommendation were due on March 19, 2012. Plaintiff has not objected.
After a de novo review of the Report and Recommendation dated February 29, 2012,
IT IS HEREBY ORDERED that:
1. Magistrate Judge Freeman's Report and Recommendation is adopted with respect to each motion to dismiss;Dated: New York, New York
2. The motion to dismiss all defendants except Sean Dawley and Keith J, Montgomery (Dkt. No. 62) is granted with prejudice; and,
3. The motion to dismiss by Sean Dawley (Dkt. No. 78) is granted with prejudice.
March 26, 2012
SO ORDERED:
__________________
Sidney H. Stein, .S.D.J.