Summary
finding that failure to file, and subsequently exhaust, a grievance against the superintendent of the prison precluded assertion of claims against him
Summary of this case from Albritton v. MorrisOpinion
9:07-CV-1331 (LEK/DEP).
February 8, 2010
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on January 19, 2010, by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 30).
Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Peebles' Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.
Accordingly, it is hereby
ORDERED, that the Report-Recommendation (Dkt. No. 30) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants' Motion for summary judgment (Dkt. No. 28) be GRANTED, and that Plaintiffs complaint in this action be DISMISSED in all respects; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.