Opinion
9:20-CV-128
01-03-2022
LORENZO CHAMBERS, Plaintiff, v. LT. D. MASON and CO D. SMITH, Defendants.
LORENZO CHAMBERS Plaintiff, Pro Se HON. LETITIA JAMES JONATHAN REINER, ESQ. New York State Attorney General Ass't Attorney General.
LORENZO CHAMBERS Plaintiff, Pro Se
HON. LETITIA JAMES JONATHAN REINER, ESQ. New York State Attorney General Ass't Attorney General.
ORDER ON REPORT & RECOMMENDATION
DAVID N. HURD United States District Judge.
On February 6, 2020, pro se plaintiff Lorenzo Chambers (“plaintiff”), an inmate in the custody of the New York State Department of Corrections and Community Supervision (“DOCCS”), filed this 42 U.S.C. § 1983 action alleging that defendants failed to protect him from two inmate assaults. Dkt. No. 1. Plaintiff also sought leave to proceed in forma pauperis (“IFP Application”). Dkt. Nos. 2, 3. After some procedural wrangling that involved the dismissal of certain defendants, plaintiff amended his complaint and the remaining parties conducted discovery on his civil rights claims. Dkt. Nos. 6, 7, 9, 10. Thereafter, defendants Lt. D. Mason and C.O. D. Smith moved for summary judgment on plaintiff's claims. Dkt. No. 23.
On December 3, 2021, U.S. Magistrate Judge Daniel J. Stewart advised by Report & Recommendation (“R&R”) that defendants' motion be granted and that plaintiff's claims be dismissed because he failed to exhaust his administrative remedies. Dkt. No. 32. Although defendants also moved in the alternative for a dismissal on the merits, Judge Stewart did not address those arguments in light of his threshold finding about exhaustion. Id. at 9 n.1.
Plaintiff has not filed any objections, and the time period in which to do so has expired. Upon review for clear error, the R&R is accepted and will be adopted. See Fed. R. Civ. P. 72(b).
Therefore, it is
ORDERED that
1. The Report & Recommendation is ACCEPTED;
2. Defendants' motion for summary judgment is GRANTED; and
3. Plaintiffs amended complaint is DISMISSED.
The Clerk of the Court is directed to enter a judgment accordingly and close the file.
IT IS SO ORDERED.