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finding exhaustion remedies unavailable where CORC failed to respond until almost two years after grievance filed
Summary of this case from Smith v. LioidiceOpinion
No. 9:18-CV-0685
08-30-2019
GILFORD LOVELL, Plaintiff, v. SUPERINTENDENT MCAULIFFE; ACTING CAPTAIN MCCABE; and SERGEANT FURNACE, 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 report and recommendation. Magistrate Judge Hummel issued a Report-Recommendation and Order on May 1, 2019 which addresses Defendants' Motion for Summary Judgment (Dkt. No. 14). See 05/01/19 Rep.-Rec. & Ord. (Dkt. No. 20). Magistrate Judge Hummel recommends that Defendants' Motion for Summary Judgment be denied. (Id.). 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 ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 20) for the reasons stated therein. Defendants' Motion for Summary Judgment (Dkt. No. 14) is DENIED.
IT IS SO ORDERED.
Dated: August 30, 2019
/s/_________
Thomas J. McAvoy
Senior U.S. District Judge