Opinion
9:17-cv-939 (GLS/TWD)
06-06-2018
JOHN HAMLETT, Plaintiff, v. SERGEANT STOTLER et al., Defendants.
APPEARANCES: FOR THE PLAINTIFF: John Hamlett Pro Se 08-A-0598 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582 FOR THE DEFENDANTS: HON. BARBARA D. UNDERWOOD New York Attorney General The Capitol Albany, NY 12224 OF COUNSEL: KATIE E. VALDER Assistant Attorney General
APPEARANCES:
FOR THE PLAINTIFF:
John Hamlett
Pro Se
08-A-0598
Green Haven Correctional Facility
P.O. Box 4000
Stormville, NY 12582 FOR THE DEFENDANTS:
HON. BARBARA D. UNDERWOOD
New York Attorney General
The Capitol
Albany, NY 12224
OF COUNSEL:
KATIE E. VALDER
Assistant Attorney General Gary L. Sharpe Senior District Judge ORDER
On April 27, 2018, Magistrate Judge Thérèse Wiley Dancks issued an Order and Report-Recommendation (R&R), which recommends the denial of defendants' motion for summary judgment. (Dkt. No. 26.) Pending before the court is defendants' objection to the R&R. (Dkt. No. 27.)
While defendants' main objective is to persuade the court to grant their summary judgment motion, they alternatively seek an exhaustion hearing and some affiliated discovery, which the court construes as a new motion. (Dkt. No. 27 at 3.) Even though defendants' summary judgment motion is denied as filed, the alternate relief requested—an exhaustion hearing—is granted and the matter is referred to Judge Dancks for an exhaustion hearing and any briefing she deems necessary to frame the issues before or after such hearing. --------
As stated in their objection, defendants "reassert the arguments set forth in their previously filed motion for summary judgment and subsequent reply." (Id. at 1.) The substance of defendants' objection is a rehashing of arguments raised in the briefing considered by Judge Dancks, more specifically, in their reply memorandum of law. Objections of this variety are general and warrant review for clear error only. See Almonte v. N.Y. State Div. of Parole, No. Civ. 904CV484, 2006 WL 149049, at *5-6 (N.D.N.Y. Jan. 18, 2006). After careful consideration of the R&R, the court finds no clear error and adopts the R&R, (Dkt. No. 26), in its entirety.
Accordingly, it is hereby
ORDERED that the Order and Report-Recommendation (Dkt. No. 26) is ADOPTED in its entirety; and it is further
ORDERED that defendants' motion for summary judgment (Dkt. No. 16) is DENIED; and it is further
ORDERED that defendants' application for an exhaustion hearing (Dkt. No. 27 at 3) is GRANTED; and it is further
ORDERED that the exhaustion hearing and associated issues are REFERRED to Judge Dancks for the issuance of a Report and Recommendation; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties in accordance with the Local Rules of Practice.
IT IS SO ORDERED.
June 6, 2018
Albany, New York
/s/_________
Gary L. Sharpe
U.S. District Judge