Opinion
9:16-CV-535 (DNH/CFH)
03-19-2018
JOSHUA PRIDGEN, Plaintiff, v. OFFICER BEATIE, Watertown Correctional Facility, sued in both individual and official capacity, Defendant.
APPEARANCES: JOSHUA PRIDGEN Plaintiff pro se 13-R-2638 Auburn Correctional Facility P.O. Box 618 Auburn, NY 13021 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 MICHAEL G. MCCARTIN, ESQ. Ass't Attorney General
APPEARANCES: JOSHUA PRIDGEN
Plaintiff pro se
13-R-2638
Auburn Correctional Facility
P.O. Box 618
Auburn, NY 13021 HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendant
The Capitol
Albany, NY 12224 MICHAEL G. MCCARTIN, ESQ.
Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Joshua Pridgen brought this civil rights action pursuant to 42 U.S.C. § 1983. On January 17, 2018, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion for summary judgment be granted for failure to exhaust administrative remedies and that plaintiff's complaint be dismissed in its entirety, without prejudice. Plaintiff filed timely objections to the Report-Recommendation.
Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendant's motion for summary judgment is GRANTED; and
2. Plaintiff's complaint is DISMISSED in its entirety, without prejudice.
The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: March 19, 2018
Utica, New York.