Opinion
No. 9:14-CV-437 (TJM/CFH)
12-21-2015
KAYLIN WILLIAMS, Plaintiff, v. PAUL W. CHAPPIUS, Superintendent, Elmira Correctional Facility, et al., Defendants.
THOMAS J. McAVOY, Senior United States District Judge
DECISION & ORDER
I. INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983, was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to Magistrate Judge Hummel's Report-Recommendation and Order [dkt. # 29] 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 [dkt. # 29] for the reasons stated therein. Defendants' motion for summary judgment [dkt. # 27] on Plaintiff's amended complaint [dkt. # 10] is GRANTED and Plaintiff's amended complaint is DISMISSED without prejudice for Plaintiff's failure to exhaust his administrative remedies pursuant to 42 U.S.C. § 1997e(a).
IT IS SO ORDERED.
Dated: December 21, 2015
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge