Summary
holding that a six-month delay before the CORC responded did not render administrative remedies unavailable
Summary of this case from Hayes v. DahlkeOpinion
9:12-CV-1109 (TJM/TWD)
02-19-2014
COREY FORD, Plaintiff, v. JOSEPH T. SMITH, NEVILLE ANDREWS, Defendants.
THOMAS J. McAVOY
Senior United States District Judge
DECISION and ORDER
I. INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Thérèse Wiley Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule N.D.N.Y. 72.3(c). In her January 16, 2014 Report-Recommendation and Order (Dkt. No. 44), Magistrate Judge Dancks recommends that Defendants' motion for summary judgment (Dkt. No. 39) be granted and Plaintiff's motion for summary judgment (Dkt. No. 33) be denied as moot. No objections to the Report-Recommendation and Order have been filed, and the time to do so has expired.
II. DISCUSSION
After examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice.
III. CONCLUSION
Accordingly, the Court ADOPTS the Report-Recommendation and Order for the reasons stated therein. Defendants' motion for summary judgment (Dkt. No. 39) is GRANTED, and Plaintiff's motion for summary judgment (Dkt. No. 33) is DENIED as moot.
IT IS SO ORDERED
__________
Thomas J. McAvoy
Senior, U.S. District Judge